^ 


^’taming  an!)  |Taboi'. 

LIBRARY 

OF  THE 

University  of  Illinois. 

CI.ASS.  BOOK.  VOLUME. 

3-5-^Zmmi^^:^ 

Books  are  not  to  be  taken  from  the  Library. 

Accessions  No.  .B.5.3...1.5 


^ sS^ 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/citiesvillagescoOObinm 


CITIES  AND  VILLAGES 


A 


COMPILATION  OF  GENEEAL 

OF  THB 


LAWS 


STATE  OF'ILLINOIS, 

GOVERNING  AND  REGULATING  THB 


POWERS  AND  DUTIES  AND  THE  EXERCISE  THEREOF 


BY 


CITIES  AND  VILLAGES, 


WITH 


EXPLANATORY  ANNOTATIONS  DIGESTING  THE  DECISIONS  OF  THE 
SUPREME  AND  APPELLATE  COURTS  TO  DATE,  AND  WITH  NUMEROUS 
PRACTICAL  AND  APPROVED  PRECEDENTS  AND  FORMS,  USE- 
FUL IN  CARRYING  ON  THE  DETAILS  OF  EXECUTIVE  AND 
LEGISLATIVE  BUSINESS. 


E. 


B 


CHICAGO : 


By  henry  BINM 

Of  the  Chicago  Bar. 


. MYERS  AND  COMPANY, 


LAW  BOOKSELLERS  AND  PUBLISHERS. 


1894. 


'-'.6  b 


Entered  according  to  Act  of  Congress,  in  the  year  A.  D.,  eighteen  hundred  and  ninety. 
By  E.  B.  MYERS  AND  COMPANY, 

In  the  ofllce  of  the  Librarian  of  Congress,  at  Washington,  D.  C. 


Entered  according  to  Act  of  Congress,  in  the  year  A.  D.,  eighteen  hundred  and  ninety-four, 
By  E.  B.  MYERS  AND  COMPANY, 

In  the  oflS.ce  of  the  Librarian  of  Congress,  at  Washington,  D.  C. 


TABLE  OF  CONTENTS 


Article. 

2.  Bill  of  fights. 

4.  Legislative. 

5.  Civil  officers. 

6.  Judicial  powers. 

7.  Suffrage. 


Constitutional  Provisions. 

Article. 

8.  Municipal  affairs. 

9.  Taxation,  debt  etc. 

10.  Railroads. 

11.  Warehouses. 

12.  Aid  to  private  corporations. 


I. 

An  act  to  provide  for  the  incorporation  of  cities  and  villages;  as 
approved  April  10, 1872;  in  force  July  1,  1872;  with  all  subsequent 

AMENDMENTS  INCORPORATED. 


Article  I. 


Of  the  Organization  of  Cities. 


Sectioiv. 

1.  Incorporation,  how. 

2.  Notice  of  election. 

3.  The  ballot  and  result. 

4.  Change  from  city  to  town, 

5.  City,  from  contiguous  territory. 

6.  Organization,  judicially  noticed. 

7.  Officers,  election  of. 


Section. 

8.  County  judge,  duty  of;  when. 

9.  Term  of  first  officers. 

10.  Corporate  name;  powers. 

11.  Ordinances  in  force,  until. 

12.  Old  rights  vest  in  new  body. 

13.  Record  of  result  of  election, 

14.  Office  abolished. 


Article  II. 


Of  the  Mayor. 


Section. 

15.  His  qualifications. 

16.  Vacancy  in  office. 

17.  Vacancy,  how  filled. 

18.  Mayor  pro  tempore, 

19.  Vacancy,  created  when. 

20.  Mayor  preside  in  council;  his  vote. 

21.  Removal  of  officers. 

22.  Conservator  of  the  peace. 


Section, 

23.  Release  of  prisoners. 

24.  General  duties. 

25.  Records  etc.,  examine. 

26.  Messages  to  council. 

27.  Riot  etc. ; militia. 

28.  Official  misconduct. 

29.  Ordinances;  revision  of. 


IV 


Table  of  Contents. 


Article  III. 

The  City  Council. 


Sbction. 

BO.  Council,  how  composed. 

31.  Number  of  aldermen. 

32.  Alderman’s  term. 

33.  Vacancy. 

34.  Alderman’s  qualifications. 

35.  Council,  judge  of  election  etc.  of  its 

members. 

36.  Rules;  expulsion;  bribery. 

37.  Quorum;  compelling  attendance. 

38.  Meetings. 


Skctiok. 

39.  Chairman  pro  tempore. 

40.  Open  doors. 

41.  Journal  of  proceedings. 

42.  Record  by  yeas  and  nays,  when. 

43.  Rescission  of  vote. 

44.  Report;  when  laid  over. 

45.  Territorial  jurisdiction. 

45a.  Jurisdiction  to  enforce  ordinance. 

46.  Special  meetings. 

47.  Ordinances;  approval;  veto. 

48.  Reconsideration. 


Article  IV. 


Elections. 


Section. 

49.  Annual  election. 

50.  In  cities  and  villages  including  a town- 

ship. 

51.  Polls;  when  opened  and  closed. 

52.  Elective  officers  named. 

53.  Suffrage. 

54.  Wards. 

55.  Aldermen  at  first  election. 

56.  Minority  representation. 


Section. 

57.  Aldermen  under  minority  plan. 

58.  Aldermen;  minority  plan  not  adopted. 

59.  Notice  of  election  and  place. 

60.  Elections;  conduct  of  etc. 

61.  Result;  tie  vote. 

62.  Notice  of  election  or  appointment. 

63.  Special  election;  no  quorum  in  office. 

64.  Special  elections. 


Article  V. 

Powers  of  the  City  Council. 


Section. 

65.  Special  powers  granted. 

66.  Ordinance;  style  of. 

67.  Ordinance;  when  in  force;  publication. 

68.  Ordinance,  proof  of. 

69.  Fines  and  penalties;  how  enforced. 

70.  Fines  and  licenses;  payment  over. 

71.  Process  and  punishment. 

71.  Jurisdiction  of  offenses. 


Section, 

72.  Jurisdiction;  justices  and  police  mag- 

istrates. 

73.  Process;  who  may  serve. 

74.  Jurisdiction  of  waters. 

75.  Jurisdiction  of  Ohio  river. 

76.  Jurisdiction  of  river  boundaries. 

77.  Street  labor. 

78.  Fines  and  penalties;  imposition  of. 


Article  VI. 


Officers  — their  Powers  and  Duties. 


Section. 

79.  Elective  officers. 

80.  Other  officers;  city  marshal. 

81.  Appointments;  vacancies,  duties;  pow- 

ers. 

82.  Oath;  bond. 

83.  Evidence  of  office;  delivery  over  to 

successor, 

84.  Qualification  of  officers. 

85.  Contract;  interest  in  forbidden. 

86.  Bribery;  penalty. 

87.  Two  city  offices  forbidden. 

88.  Clerk;  duties  of. 


Section. 

89.  Ordinances;  record  of. 

90.  Conservators  of  the  peace. 

91.  Police  district  defined. 

92.  Police  powers  therein. 

92a.  Conveyance  of  prisoners. 

93.  Mayor;  compensation  of. 

94.  Aldermen  and  trustees;  compensation 

of. 

95.  Officers  generally;  compensation. 

96.  Compensation;  ^yhen  fixed. 

97.  Compensation;  limit  of. 

98.  Oaths;  administering. 


Table  of  Contents. 


Y 


Article  VII. 

Of  Finance. 


Section. 

99.  Fiscal  year. 

100.  Appropriation  ordinance. 

101.  Limitation;  emergency;  loan. 

102.  Liabilities;  limit  on  contract. 

103.  Treasurer’s  duties. 

104.  Separate  accounts. 

105.  Receipts. 

106.  Monthly  statements. 

107.  Deposit  of  funds. 

108.  Annual  report. 

109.  Warrants  on. 

110.  Special  assessment  fund. 


Section. 

111.  Collector’s  duties. 

112.  Report;  publication  of. 

113.  Money  detained;  penalty. 

114.  Payment  over;  inspection  of  books. 

115.  Comptroller;  duties  and  powers. 

116.  Council  may  prescribe  duties;  trans- 

fer of  clerk’s  financial  duties. 

117.  Bonds,  municipal;  record  of 

118.  Duties  may  be  added  to. 

119.  Appeal  from  settlements. 

120.  Subordinates,  who  may  appoint. 

121.  Insurance  companies;  foreign. 


Article  VIII. 


Of  the  Assessment  and  Collection  of  Taxes. 


Section. 

122.  Ordinance  levying  tax;  limits  of. 

123.  Taxes;  assessment  and  collection  of. 

124.  Taxation ; rate  of. 

125.  Collection  of;  manner. 

126.  Payment  over;  time  of. 


Section. 

127.  Proportion  of  tax  collectible. 

128.  Drawback;  limit  on  city  etc.  receipts 

of. 

129.  Tax  levied  for  particular  purpose. 

130.  Uniformity. 


Article  IX. 

Special  Assessments  for  Local  Improvements. 


Section. 

131.  Powers  conferred. 

132.  Ordinance  for  improvement. 

133.  When  property  is  taken  or  damaged. 

134.  Petition. 

135.  Petition;  form  of. 

136.  Process  and  notice. 

137.  Hewing;  jury. 

138.  Compensation;  jury  award;  new 

parties. 

139.  View  of  premises. 

140.  Judgment;  after  procedure  as  to  new 

parties. 

141.  Powers  of  court. 

142.  Powers  of  court:  ownership. 

143.  Persons  under  disability. 

144.  Judgment;  effect,  appeal. 

145.  Possession,  order  for. 

146.  General  tax;  improvement  by. 

147.  Special  tax;  assessment. 

148.  Special  assessment;  how  made. 

149.  Sidewalk  ordinance;  owner’s  rights. 

150.  Estimate  of  cost. 

151.  Proceeding  in  court;  order  for. 

152.  Petition  to  court. 

153.  Commissioners’  appointment  and 

oath. 

154.  Commissioners’  duties. 

155.  Repealed  section. 

156.  Assessment  roll;  return. 

157.  Notice;  ho v/ given. 

158.  Notice;  proof  of. 


Section. 

159.  Notice  not  in  time;  continuance. 

160.  Objections;  default. 

161.  Hearing  by  jury. 

162.  Precedence  of  causes. 

163.  Modification  etc.  of  assessment. 

164.  Judgment  several;  appeal;  lien. 

165.  Judgment  certified;  warrant. 

166.  Warrant;  form  of. 

167.  Collector’s  notice;  form  of. 

168.  Collection. 

169.  Delinquent  list,  report  of;  effect  as 

evidence;  defense. 

170.  Application  for  judgment. 

171.  Sales  thereon,  return  of;  redemption. 

172.  Sale  after  tax  paid;  penalty. 

173.  Payment  over;  collector’s  compen- 

sation. 

174.  General  revenue  laws  apply. 

175.  City  or  village  may  buy  at  tax  sale. 

176.  Assessment  set  aside;  new  assess- 

ment. 

177.  Supplemental  assessments. 

178.  Delinquents;  new  assessments 

against. 

179.  Contracts  payable  from  assessments. 

180.  Contracts,  how  let. 

181.  Lien  of  special  assessment. 

182.  Collection,  by  suit. 

183.  Condemnation;  assessment  of  bene- 

fits. 

184.  Adoption  of  this  article. 


VI 


Table  of  Contents. 


Section. 

185.  Special  assessments  by  instalments. 

186.  Interest;  payment  before  maturity. 

187.  Ordinance;  when  by  instalments. 

188.  Assessment  roll;  contents. 

189.  Notice;  contents. 

190.  Conlirmation;  order  of. 

191.  Collection;  warrant  for. 

192.  Judgment;  procedure  for. 

193.  Improvement  done;  voucher  for. 


Section. 

194  Acceptance  of  voucher;  effect. 

195.  Surplus  collected,  refunded. 

196.  When  city  may  advance  land  dam- 

ages. 

197.  When  collected  by  in.stalments. 

197a.  Assessments  divisible  into  instalments 
197b. Bonds  in  anticipation  of  collection. 
197c. Definition  clause. 

197d.  Assessment  payable  in  bond. 


Article  X. 

Miscellaneous  Pkovisions  — Water. 


Section. 

198.  Water;  power  to  supply. 

199.  Acquisition  and  jurisdiction  of  pro- 

perty for. 

200.  Kates;  taxation;  regulations. 

201.  Tax  payer’s  right  to  enforce  city 

rights  etc 


Section. 

202.  Maps;  approval  of. 

203.  Jurors;  inhabitants  competent  as. 

204.  Census. 

205.  Municipal  year. 

206.  Appeal;  city  or  village  give  no  bond. 


Article  XI. 


Of  the  Organization  of  Villages. 


Section. 

207.  By  incorporated  town  or  disconnected 

territory. 

208.  Ballot. 

209.  Change  from  city  to  village. 

210.  Election  returns,  canvass  and  record. 

211.  Oflicers  hold  over  until. 

212.  New  organization;  how  effected. 

213.  Petition;  election;  returns. 

214.  Result;  election  of  officers  etc. 

215.  Corporate  name;  trustees;  powers. 

216.  President;  election  and  powers. 


Section. 

217.  President  and  trustees;  powers. 

218.  Ordinances;  style  of. 

219.  Officers;  appointment  and  duties. 

220.  Constable;  powers  of. 

221.  Election  annual. 

222.  Annual  election. 

223.  Jurisdiction  of  suits. 

224.  Police  magistrates. 

225.  Police  magistrates;  election,  fees. 

226.  No  incorporation  under  prior  laws. 


II 


additional  laws. 


1.  Agriculture;  marketing  produce. 

2.  Aliens. 

3.  Animals. 

4.  Annexing  and  excluding  territory. 

5.  Cemeteries. 

6.  Change  of  name. 

7.  City  courts. 

8.  Drainage  and  sewerage. 

9.  Elections. 

10.  Eminent  domain. 

11.  Evidence. 

12.  Ferries  and  bridges. 

13.  Fire  escapes. 

14.  Horse  and  dummy  railroads. 

14a. Hospitals. 

15.  Houses  of  correction. 

16.  Insurance. 

17.  Landings  and  levees. 

18.  Libraries. 


19.  Liquor  law. 

20.  Officers. 

21.  Oil  inspection. 

22.  Parks. 

23.  Plats. 

24.  Police  and  fireman’s  funds. 

25.  Public  buildings. 

26.  Railroad  aid  and  other  bonds. 

27.  Railroads. 

28.  Revenue. 

29.  Riot. 

30.  Roads  and  bridges. 

31.  Sale  of  property. 

32.  Schools. 

32a.  Sparrows. 

33.  Streets. 

34.  Telegraph  companies. 

35.  Township  organization. 

36.  Water  works. 


1.  Agriculture  — Marketing  Produce. 
IlL^^Farmer  etc.  may  sell  products  without  license. 


Table  of  Contents. 


vii 


2.  Aliens. 


Section. 

228.  Employment  of,  in  public  service, 

prohibited. 

229.  Citizenship  or  declaration  of  inten- 

tion, must  be  shown. 


Section. 

230.  Money  paid  to  the  contrary,  disburs* 

ing  officer  liable. 

231.  False  certificate;  contract  void. 

232.  Employed  to  the  contrary,  discharge. 

233.  Failure  to  take  out  final  papers. 


3;  Animals. 


Section. 

234.  Certain,  not  to  run  at  large, 

235.  Taking  up ; penalty;  redemption. 

236.  Penalty;  civil  damages. 


Section. 

237.  An  estray;  when. 
237a.  Prohibition. 

237b.  Penalty. 


4.  Annexing  and  Excluding  Territory. 


Section. 

238.  Annexation  of  adjoining  cities  etc. ; 

procedure. 

239.  Annexation  of  parts  of  cities  etc., 

procedure. 

240.  Annexation  in  part  or  whole;  one 

election  on  two  questions. 

241.  Debts  and  liabilities;  assumption  of. 

242.  Annual  tax  levy,  include  annexed 

lands. 

243.  Collection  of  taxes  not  stayed;  ap- 

plication of  proceeds. 

244.  Pending  actions  proceed. 

245.  Annexation  of  part  of  city  etc. ; debts 

apportioned. 

246.  Annexation  of  part  of  city  etc. ; ap- 

portionment of  tax  levy. 

247.  Street  improvements. 

248.  Street  openings. 

249.  Water,  gas  or  electric  light;  rights 

of  t-  rritory  not  annexed. 

250.  Matters  in  dispute;  settlement  of. 

251.  Transfer* of  records. 

252.  Officers  in  detached  portion,  hold  over 

253.  Justices  and  police  magistrates  hold 

during  term. 


Section. 

254.  Police  and  firemen  continue  in  the 

enlarged  city  etc, 

255.  Dram  shops;  licensing  of. 

256.  Wards,  how  constituted,  representa* 

tion  in  council. 

257.  Sewerage  and  drainage. 

258.  Territory  annexed  under  act  of  1887, 

may  be  annexed  hereunder. 

259.  Repealing  clause. 

260.  Emergency. 

261.  Disconnecting  territory;  ordinance. 

262.  Ordinance;  record  of. 

263.  Judicial  cognizance. 

264.  Repeals. 

265.  Emergency. 

265a. Disconnecting  territory — election. 
265b. Procedure  on  two  or  more  petitions. 
265c. Taxation;  prior  assessment, 

265d. Title  of  property — new  town. 

265e, Division  of  property  and  debt. 

265f.  Division  of  tax  on  prior  levy. 

265g. Public  improvements  not  stayed. 
265h.  Sewerage,  water,  light. 

265i.  Offices — vacancy. 

265 j.  School  district  or  township. 


5.  Cemeteries. 


Section. 

266.  When  removed;  expense. 

267.  Power  in  city  or  village  to  establish. 

268.  Joint  establishment  by  cities  or  vil- 

lages. 


Section. 

269.  Lease  of  land  for  purposes  of. 

270.  Control  of  corporate  authorities. 


6.  Change  of  Name. 


Section. 

271.  Petition. 

272.  Procedure. 

273.  Secretary  of  state;  duties  of. 

274.  Hearing;  notice  of. 

275.  Hearing;  on  petition  and  remon- 

strances. 


Section. 

276.  Order  filed  with  secretary  of  state. 

277.  Rights  saved. 

278.  Change  void,  when. 

279.  Change  of  name  of  unincorporated 

town. 


7.  City  Courts. 


Section. 

280.  Style  of  court;  jurisdiction. 

281.  Seal. 


Section. 

282.  Place  of  holding. 

283.  Stationery. 


Table  of  Contents. 


Skction. 

284.  J udgo;  election,  (lualilication, powers, 

vacancy. 

285.  Intercliaiifjo  of  iuderes. 

28«.  (derk. 

287.  Sheri  IT  and  state’s  attorney;  duties. 

288.  Master  in  chancery. 

280.  Court  terms. 

290.  Adjournments. 

291.  Appeals;  certiorari. 

292.  Recognizances;  prisoners  held  in  city 

prison. 


Skction. 

298.  Venue;  change  of. 

294.  Process,  judgments  etc. 

295.  .Judgment;  transcript  of. 

290.  4'ranscript  fees. 

297.  Appeal  or  error. 

298.  .Jurors’  fees;  how  paid. 

299.  Courts  continued. 

300.  Court,  how  established. 

301.  .Judge  and  clerk;  election  of. 

302.  Judge,  salary  of. 

303.  Prosecuting  attorney,  salary  of. 


8.  Drainage  and  Sewerage. 


Section. 

304.  Improvement  district;  special  as- 

sessment; grades. 

305.  Corporate  authorities;  duty  of;  sur- 

vey and  cost. 

306.  Bonds;  issue  of,  procedure. 

307.  Bonds;  interest  and  principal,  pay- 

ment of. 

308.  Railroad  company’s  liability. 

309.  Minor;  property  belonging  to. 

310.  Powers;  construction  and  exercise 

of, 

311.  Bond  holders’  rights. 

312.  Chicago  district  organized. 

313.  Corporate  authorities;  powers  of. 

314.  Des  Plaines  river;  diversion  of  water. 

315.  Mud  lake;  dam  across. 

316.  Construction  of  cut  off;  way,  how 

acquired. 

317.  Eminent  domain. 

318.  Sanitary  districts;  procedure  to 

organize. 

319.  Organization  judicially  noticed;  elec- 

tion. 

320.  Officers;  election  of . 

321.  Trustees,  duties  and  powers  of;  com- 

pensation etc. 

322.  Ordinances;  appropriations. 

323.  Ordinances,  how  proved, 

324.  Water  powers,  channels  and  outlets; 

control  of. 

325.  Right  of  way;  acquisition  of. 

326.  Limitation  on  indebtedness,  by  loan. 

327.  Tax  to  pay  interest  and  principal  on 

debt. 


Section. 

328.  Contracts  for  work,  how  made;  day’s 

labor;  aliens. 

329.  Tax  levy;  limitation. 

330.  Special  or  general  tax;  assessment 

and  collection. 

331.  Assessment  by  instalments;  proced- 

ure. 

332.  Bonds,  in  anticipation  of  taxes  due. 

333.  Eminent  domain;  compensation. 

334.  Public  property;  damage  to;  use  of 

Illinois  and  Michigan  canal, 

335.  Right  of  way;  cost  of  acquiring. 

336.  Overflow,  damage  by;  notice  of  suit; 

compromise. 

337.  Sewage;  dilution  of. 

338.  Violation  of  ^ 337;  prosecutions. 

339.  Legislative  rights  reserved, 

340.  Channel,  capacity  and  increase  there- 

of; obstructions  in  rivers,  removed. 

341.  Channel  compl’td,  a navigable  stream 

342.  Channel,  use  and  increase  of. 

343.  Water  supplies;  furnishing  of. 

344.  Channel,  inspection  of;  result  of  de- 

defect in. 

344a.  Chicago  sanitary  district  — police 
powers. 

345.  Sewerage  fund  tax. 

346.  Municipalities  may  contract  inter  sese 

for  sewerage. 

347.  Contracts,  how  made. 

348.  Drainage  works  etc.;  power  to 

erect  etc. 

349.  Special  assessment;  works  may  be  by. 

350.  Mode  of  procedure. 


9.  Elections. 


Section. 

351.  In  cities  and  villages;  adoption  of 

the  act, 

352.  Election;  notice;  duties  of  county 

clerk. 

353.  Ballots;  form  of. 

354.  Tickets;  contents  of. 

355.  Canvass,  how. 

356.  Canvass,  mode  of;  declaring  re- 

sult. 


Section. 

357.  Judges’  duty,  when  no  tally  sheet. 

358.  Returns,  how  made. 

359.  Canvass;  watchers. 

360.  Canvass  by  county  judge;  act  oper- 

ative, when. 

361.  Judge  or  clerk,  neglect  of  duty;  open- 

ing ballot  etc. 

362.  Return  etc. ; mutilating  or  stealing. 

363.  Offenses  governed  by  state  law. 


Tahle  of  Contents. 


IX 


Section. 

364.  Villages  or  towns;  adoption  of  the 

act. 

365.  Act  adopted;  eflFect  thereof. 

366.  Election  commissioneus;  creation 

of  board . 

367.  Their  qualifications  and  selection; 

vacancy. 

368.  Removal  of;  cau.se  for. 

369.  Organization  of  board;  office  and  offi- 

cers. 

370.  Ballot  boxes,  how  provided. 

371.  Chief  clerk;  duties  and  powers. 

372.  Election  precincts;  how  established. 

373.  Oeneral  registration  of  voters. 

374.  Judges  and  clerks;  qualifications 

and  appointments. 

375.  Judges’  examination  ; confirmation  ; 

rejection;  exemption;  refusal  to 
serve. 

376.  Judges  and  clerks;  appointment  and 

removal. 

377.  To  be  taken  from  different  political 

parties. 

378.  Their  selection  reported  to  county 

court  for  confirmation;  removals; 
vacancies. 

379.  Appointees,  notice  to;  oath. 

380.  Registry  and  polling  place  in  each 

precinct. 

381.  Penitentiary  convicts  and  pardons; 

report  of. 

382.  Deaths;  report  of. 

383.  Dead  and  criminals;  list  of. 

384.  Registration,  notice  of. 

385.  Elections,  conduct  of;  rules  and 

regulations. 

386.  Election  days;  holidays. 

387.  Judges  and  clerks,  subsequent  selec- 

tion of. 

388.  Board  of  registry. 

389.  Right  of  suffrage. 

390.  Meeting  of  board;  registry  books, 

control  of. 

391.  Registration  certified  daily. 

392.  Registry  to  be  posted;  right  of  chal- 

lenge. 

393.  Registry,  revision  of;  second  meeting, 

corrections  etc;  copy. 

394.  Clerks  canvass  of  precinct;  suspected 

list;  police  duty. 

395.  Notice  to  suspects  — neglect  to  mail 

or  deliver. 

396.  Boards’  last  meeting:  revision;  eras- 

ure and  restoration  of  names. 

397.  Registers,  comparison  and  return  of; 

posting  and  printing. 

398.  Erasure  of  names;  notice  of  applica- 

tion for. 

399.  Hearing  of  applications;  erasure  or 

restoi'ation. 

400.  Jurisdiction  to  place  name  on  or  erase. 

B 


Section, 

401.  Application  refused;  appeal; 

record. 

402.  Supplemental  list,  posted  etc. 

403.  Registration  after  first  general  regis- 

tration. 

404.  Registry  at  intermediate  registra- 

tions. 

405.  Verification  lists — canvass  etc. 

406.  Registers;  comparison,  certificate  and 

return;  copy. 

407.  Clerks  as  canvassers,  duty  of. 

408.  Canvass— duties  of  officers, 

409.  Revision  of  registry. 

410.  Registers;  return  to  commissioners. 

411.  Registers;  copying  and  printing  of. 

412.  Registration  or  erasure  denied;  re- 

view. 

413.  Registers;  return  to  commissioners; 

corrections. 

414.  Elections,  special  and  judicial; 

conduct  of. 

415.  Registers,  inspection  of. 

416.  Registers,  delivery  to  judges. 

417.  Public  register;  mutilation  etc.  of. 

418.  Board  of  registry;  filling  vacancy. 

419.  Polls,  opening  and  closing;  presence 

of  judges  and  clerks. 

420.  Judge  absent,  penalty;  place,  how 

filled;  detention  of  register. 

421.  Ballot  box,  continuously  in  public 

view;  obstruction  of,  penalty. 

422.  Voter’s  name  entered. 

423.  Ballot,  name  on. 

424.  Ballot,  how  received;  challenge. 

425.  Voter’s  name  on  register. 

426.  Challengers;  watchers;  canvass;  po- 

lice. 

427.  Judges,  as  peace  officers. 

428.  Election,  judicial;  official  ticket 

holders. 

429.  Canvass,  no  adjournment;  challen- 

gers and  watchers. 

430.  Canvass,  mode  of. 

431.  Ballots  strung. 

432.  Proposition  submitted;  canvass. 

433.  Judges’  duty,  tally  sheet  without 

heading  for. 

434.  Judges  proclaim  result  etc. 

435.  Return;  certificate  and  direction. 

436.  Ballot,  forms  attached  to  return. 

437.  Poll  books;  deposit' of  in  ballot  box 

etc. 

438.  Ballot  box,  delivery  to  commission- 

ers. 

439.  Ballot  box;  commissioners  receive, 

note  condition  and  open. 

440.  Canvass;  board  open  return  and 

make  abstract  of  votes. 

441.  Canvassers  declare  result  and  certify, 

442.  Certificate  of  election. 

443.  Certificate,  as  to  officers  in  city  etc. 


X 


Table  of  Contents. 


Section. 

444.  Tio  vote  for  city  or  town  oflice, 

445.  (4invassing  board;  duty  on  indication 

of  fraud. 

440.  (’anvassin^  lioard;  presiding  oflicer 
declan;  result. 

447.  Okkknsks  generally ; penalty. 

448.  At  city,  village  or  town  election. 

441).  False  list  l>y  ])oll  clerk. 

450.  Judge  wilfully  refusing  vote  etc. 

451.  False  canvass. 

452.  Permitting  fal.se  ballots  etc. 

453.  Election  ollicers’  misconduct  or  fraud. 

454.  Stealing  document,  vote  etc. 

455.  W long  doer  not  an  officer. 

450.  False  swearing. 

457.  Advising  one  to  sw'ear  falsely. 

458.  ('hanging  ballot  etc. 

459.  Felon  voting  without  pardon. 

400.  Disolx^ying  command  of  judge. 

401.  Breach  of  the  peace. 

402.  Interference  with  judge  etc. 

403.  Destroying  or  concealing  ballots  etc. 

404.  Wrongfully  admitting  to  registra- 

tion etc. 

405.  Absence  of  judge. 

400.  Keeping  ballots  behind  box  etc. ; 
electioneering. 

407.  Use  of  spirituous  liquors  etc. 

408.  Notice;  irregularities  etc.  no  defense. 

409.  Definitions;  crime. 

470.  Misdemeanors;  fine, discharged  when. 

471.  Forfeitures,  how  recovered. 

472.  Commissioners  aid  prosecutions. 

47.3.  Commissioneis’  and  clerks’  fees,  how 

paid. 

474.  Judges  and  clerks  of  election;  fees. 

475.  Judges  and  clerks;  days  credited. 
470.  Judges  and  clerks,  paid  by  city,  when. 

477.  Judges  and  clerks,  paid  by  county, 

when . 

478.  Commissioners  audit  claims. 

479.  ViLL.\GE  or  TOWN  may  adopt  act. 

480.  Ex  officio  commissioners  of  village. 

481.  Returns  of  village  or  town  election. 

482.  Beturns  of  village  or  town  election. 

483.  Oaths;  who  may  administer. 

484.  Kegistration  ; board’s,  meeting; 

register. 

485.  Begister,  how  made  etc. ; first  meet- 

ing. 

480.  New  election  districts. 

487.  Begister,  revision  of ; second  meeting. 

488.  Procedure;  corrections  etc. 

489.  Register  revision : new  names  added . 

490.  Begisters  filing;  delivery  to  judges; 

voting;  swearing  in  votes. 

491.  Clerk’s  entry  on  register;  non  regis- 

tered voter. 

492.  Poll  list  and  register,  to  be  filed 

493.  Section  repealed. 

494.  Begisters  open  to  inspection. 


Section. 

495.  (’ompensation  of  board. 

490.  Preservation  of  order. 

497.  Fraudulent  registration;  false  swear- 

ing. 

498.  Sections  repealed. 

499.  Blanks,  how  furnished. 

500.  Section  repealed. 

501.  Election;  notice  of,  how  given. 

502.  Sheriff  or  supervisor  to  post. 

503.  Polls;  time  to  open  and  close. 

504.  Proclamation. 

505.  Ballot  box,  locked  and  publicly  ex- 

hibited. 

506.  Poll  li.sts,  how  kept. 

507.  Ballots. 

508.  Ballots,  form  of. 

509.  Ballot  cumulative,  form  of. 

510.  Ballots,  how  received  and  deposited. 

511.  No  adjournment  or  recess. 

512.  Canvass  of  votes. 

513.  Contesting  election;  legislature 

hear,  when. 

514.  As  to  senators  and  representatives. 

515.  Supreme  court  hear,  when. 

516.  Circuit  court  hear,  when. 

517.  County  court,  hear,  when. 

518.  State  officers,  election  of;  contestant’s 

petition . 

519.  Testimony  taken  by  joint  committee. 

520.  Committee’s  powers. 

521.  Depositions;  notice  to  take 

522.  Testimony. 

523.  Committee’s  report;  hearing;  decision. 

524.  Senator  or  representative;  who 

may  contest. 

525.  Notice  of  contest. 

526.  Testimony,  how  taken. 

527.  Testimony;  power  of  officer  taking; 

528.  Depositions  etc. , sent  to  secretary  of 

state. 

529.  Notice  of  contest;  duty  of  presiding 

officer. 

530.  Bights  of  either  house  reserved. 

531.  Other  officers;  who  may  contest. 

532.  Contestant  to  file  statement  etc. 

533.  Summons. 

534.  Evidence. 

535.  Trial. 

536.  Other  elections,  contest  of. 

537.  Elector  may  defend  for  county,  when. 

538.  Judgment. 

539.  Tie  vote;  how^  decided. 

540.  Judgment,  certified  copy  of. 

541.  Election  void,  when. 

542.  Appeal.  ' 

543.  Primary  election;  act  when  to 

govern. 

544.  Acceptance  of  act,  by  committees. 

545.  Election,  time  and  place  of;  judges 

and  clerks;  proxies. 

546.  Election;  form  of  notice. 


Table  of  Contents. 


xi 


Section. 

547.  Judges’  and  clerks’  oath. 

548.  Voters’  qualifications. 

549.  Election  districts;  election  of  dele- 

gates. 

550.  Challenges;  examination  as  to  quali- 

fication; swearing  in  votes. 

551.  Offenses  and  penalties. 

552.  Qualifications,  limit  to;  challengers; 

poll  list. 

553.  Poll  and  tally  lists,  form  of. 

554.  Oaths,  administering  thereof. 

555.  Ballots,  form  of. 

556.  Ballot  box;  exhibition  of. 

557.  Polls,,  opening  proclaimed. 


Section. 

558.  Polls,  closing,  proclamation  of. 

559.  Canvass;  result  proclaimed. 

560.  Canvass,  mode  of. 

561.  Judges’  certificate  to  tally  lists. 

562.  Ballots,  count  of. 

563.  Poll  lists,  what  to  show. 

564.  Result,  certificate  of. 

565.  Poll  and  tally  lists,  deposit  of. 

566.  Certificate  to  successful  candidates. 

567.  Penalties,  not  otherwise  declared. 

568.  Repealing  clause. 

569.  Primary  election;  who  may  vote  at. 

570.  Violation  of  act;  penalty. 


10.  Eminent  Domain. 


Section. 

571.  Compensation  ascertained  by  jury. 

572.  Procedure;  parties. 

573.  W''hen  petition  presented  in  vaca- 

tion. 

574.  Summons,  service  and  notice. 

575.  Hearing;  amendments;  new  parties: 

practice . 

576.  Hearing  in  vacation;  jury. 

577.  Jury;  impaneling. 

578.  Jurors’  oath. 


Section. 

579.  View  of  premises;  verdict. 

580.  Judgment;  payment. 

581.  Cross  petition. 

582.  Appeal. 

583.  Appeal;  user  of  land  on  bond  given. 

584.  Payment;  to  whom  made. 

585.  Judgment;  record  of. 

586.  Repealing  clause. 

587.  State  institutions;  lands  not  to  be 

taken. 


11.  Evidence. 


Section. 

588.  Records  etc.  of  cities  etc.,  how  cer- 

tified. 

589.  Certificate,  form  of. 


Section. 

590.  Sworn  copies. 

591.  Penalty;  perjury. 


12.  Eerries  and  Bridges. 

Section.  l Section. 

592.  License  and  regulate  ferries.  594.  Control  by  city  etc. 

593.  Cities  and  villages  may  construct  etc.  595.  Fast  driving  on  bridge  etc.,  penalty. 

593a.  Municipal  control.  j 


13.  Eire  Escapes. 


Section. 

596.  To  be  affixed  to  certain  buildings. 

597.  On  buildings  hereafter  erected. 

598.  Compelling  erection  procedure. 


Section. 

599.  Failure  to  erect  on  notice  penalty. 

600.  Fines;  application  of. 


14.  Horse  and  Dummy  Railroads. 


Section. 

601.  Eminent  domain;  right  to  exercise. 

602.  Compensation  for  property  taken  or 

damaged. 


Section. 

603.  Location  of  road;  consent ; notice; 

damages. 

604.  Street, control  reserved,police  powers. 


14a.  Hospitals. 


Section. 

604a.  Contribution  to  support— condition. 
604b.  Cities  of  100,000  establish — taxation. 
604c.  Establishment,  procedure. 

604d.  Directors,  appointment  of. 

604e.  Directors’  terms  of  office — removal. 
604f.  Vacancy  in  office,  filling  of. 


Section. 

604g.  Powers — organization — secretary. 
60-lh.  Beneficiaries — rules  etc. 

601  i.  Patients’  paying — collection  etc. 
604j.  Quarantine  regulations. 

604k.  Donations — title  vests  in  trust. 
6041.  Physicians’  treating. 


Xll 


'J'AHLE  of  CoNTFN'rS. 


15.  Houses  of  Couuection. 


Skotion. 

()05.  (/ities  may  CRtablish, 

COO.  Inspectors;  appointmentandtenn.sof. 
G07.  Rules;  employes;  appropriations. 

608.  Inspectors’ duties  and  compensation; 

record. 

609.  Books,  statements  and  accounts. 

610.  Otlier  reports;  ollicers  etc.,  removal 

of. 

611.  Superintendent,  duties  of,  appoint- 

ment and  term;  deputy. 

612.  County  may  use,  when. 


SlCCTION. 

616.  County  convicts,  commitment  to; 
when. 

614.  Conveying  convict  to;  fees. 

615.  Application  of  otlier  laws  etc. 

616.  IIou.se  of  shelter  for  females. 

617.  Expenses,  how  paid. 

618.  United  States  convicts. 

619.  Bridewell;  name  changed  to. 

620.  Superintendent’s  salary;  record  of 

conduct;  good  time  credits. 

621.  Oath;  bond. 


16.  Insuran'ce. 

Section.  I 

622.  Tax  on  net  receipts  of  foreign.  | 


17.  Landings 

Section. 

628.  Power  to  lease,  when. 

624.  What  lands  may  be  leased;  when 

lease  in  force. 

625.  Power  to  protect  from  overflow  etc. 

626.  Purchase  or  condemnation  of  lands. 

627.  Notice  to  owner  to  repair. 

628.  City  etc.  may  repair,  when. 

629.  City  etc. , entry  on  lands  to  repair. 

630.  Work  charged  to  person  liable  ; lien 

for  cost. 


18.  Librar 

Section. 

638.  Establishment  by  city;  tax;  fund. 

639.  Directors,  appointment  of. 

640.  Term  of  oflice;  removal. 

641.  Vacancy;  compensation. 

642.  Directors’  powers;  organization ; 

funds. 

643.  Use  of  library,  by  whom. 

644.  Directors’  report. 

645.  Council  impose  penalties. 

646.  Donations  to. 

647.  Villages,  towns  and  townships; 

powers  of. 


AND  Levees. 

Section. 

631.  Lien,  how  enforced. 

632.  Sale  for;  city  etc.  may  purchase. 

633.  Emergency;  repairs,  lien,  payment  ; 

defense. 

634.  Public  landings;  tolls,  grade,  pen- 

alty. 

635.  Stagnant  water;  abate  as  nuisance. 

636.  City  subject  to  overflow;  insufficient 

levee;  liability. 

637.  Land  below  grade,  procedure. 

637a.  Cutting— penalty. 

;es,  Public. 

Section. 

648.  Directors  therein. 

649.  Emergency  clause. 

649a. Building,  procedure — taxation. 
649b.  Building  commenced  when. 

649c.  Plans  and  estimates— contracts. 

649d. Rental  — mortgage  — application  of 
statute. 

649e.  Donation  for— incorporation. 

649f.  Statement  for  incorporation. 

649g.  Certificate  of  incorporation. 

6 49h.  Corporate  powers — trustees’  duties— 
taxation. 


19.  Liquor  Law. 


Section. 

650.  Licenses,  how  granted. 

651.  Licenses  by  county  boards  etc.  not 

granted  in  cities  etc. 


Section. 

652.  License  to  sell  malt  liquors. 

653.  Saloon  bond,  how  taken;  suit  on. 


20.  Officers. 


Section. 

654.  Bond,  acknowledgment  of ; when  new 

or  additional  may  be  required. 

655.  Sureties,  release  of. 

656.  New  bond,  effect  of. 

657.  Sureties,  take  principal’s  effects, 

when. 

658.  Bond,  suit  on. 

659.  Execution;  issue  and  lien  of. 


Section. 

660.  Elective  officer;  resignation  of. 

661.  Office  vacant,  when. 

662.  Vacancy,  by  whom  determined. 

663.  Aldermen  and  village  trustees. 

664.  Not  to  be  interested  in  contract; 

bribery. 

665.  Penal  clause. 


Table  of  Contents. 


xiii 


21.  Oil  Inspection. 


Section. 

Inspector,  appointment  and  term  of ; 
deputies. 

667.  Oath;  bond;  suit  on  bond. 

668.  Inspector’s  duty. 

669.  Test;  brand;  inspector  not  to  trade 

in  oil. 


Section. 

670.  Record  kept  and  open  to  examina- 

tion. 

671.  Misconduct  in  office,  penalty. 

672.  Manufacturers  and  dealers;  penalty. 

673.  Fines;  how  recovered  and  applied. 


22.  Parks. 


Section. 

673a.  Pleasure  driveway  and  park  districts 
— organization. 

673b.  District  organization — election. ' 
673c.  Trustees  — term  of  office  — organi- 
zation— officers. 

673d.  Corporate  powers  — engineer  — at- 
torney— management  of  district. 
673e.  Records — inspection  of. 

673f.  Ordinances,  publication  — proof  of. 
653g.  Laying  out,  improvement  — main- 
tenance— control. 

673h.  Acquisition  of  land — taxation. 

673i.  Vacancy  in  trusteeship. 

673j.  Annexation  of  adjoining  territory. 
673k.  President — duties  of. 

6731.  Annual  election. 

674.  Power  of  park  commissioners. 

675.  Power  as  to  parks  taken  under 

statute  of  1885. 

676.  Reversion. 

677.  Power  of  city  or  village. 


Section. 

678.  Emergency. 

678a.  Parks  existing — bonds  to  improve. 
678b.  Bonds  and  interest — issue — registra- 
tion. 

678c.  Interest — sinking  fund. 

678d  Sinking  fund — appropriation  to. 
678e.  Sinking  fund — purchase  of  bonds. 
678f.  Emergency. 

678g.  Parks  on  lake — protection  of  shore 
line. 

678h.  Bonds — interest. 

678i.  Bonds,  sale  of. 

678j.  Tax — rate  increased. 

678k.  Tax  levy  for  parks  and  boulevards. 
6781.  Purchase  of  land. 

678m.  Statute,  when  in  force. 

678n.  Emergency. 

678o.  Taxation  for  government  and 
management. 

678p.  Museums. 


23.  Plats. 


Section. 

679.  Powers  etc.,  laying  out. 

680.  Surveyor’s  certificate;  acknowledg- 

ment; record. 

681.  Dedication,  effect  of. 

682.  Corner  stone  etc.,  neglect  to  plant. 

683.  Plat  not  recorded;  penalty  for  selling 

by. 


Section. 

684.  Vacation  of  entire  plat. 

685.  Vacation  of  part  of  plat. 

686.  Canceling  part  of  plat. 

687.  Highways  etc.,  plats  of,  to  be  re- 

corded. 


24.  Police  and  Fireman's  Funds. 


Section. 

688.  Relief  fund,  creation  of. 

689.  Trustees  of  the  fund  named. 

690.  Board  to  control  fund. 

691.  Treasurer  to  give  bond  for  fund. 

692.  Warrants  drawn  on  treasurer. 

693.  Annuity ; permanent  disability;  death. 

694.  Benefits;  who  entitled  to. 

695.  Money,  how  paid  out. 

696.  Repealing  clause. 

697.  Police  pension  fund,  how  created. 

698.  Fund  commissioners  named. 

699.  Who  pensioned;  twenty  years’  ser- 

vice. 

700.  Physical  disability;  retiring  from 

service. 

701.  Physical  disability;  certificate  of. 

702.  Death  in  performance  of  duty  or  in 

service. 

703.  Examination;  service  in  emergency. 

704.  Crime  etc. , pension  lost. 

705.  Board  meetings;  officers. 

706.  Board,  powers  of. 

707.  Treasurer’s  report. 

708.  Beneficiaries  under  act  of  1877. 


Section. 

709.  Fikeman’s  pension  fund,  creation  of. 

710.  Trustees  named. 

711.  Management  of  fund;  assessment  of 

members;  record  of  meetings. 

712.  Permanent  fund;  rewards,  gifts,  de- 

vises etc. 

713.  Power  to  invest  fund. 

714.  Fund,  when  applicable." 

715.  Disability  physical  or  mental,  retire- 

ment for. 

716.  Death,  while  in  performance  of  duty 

etc. 

717.  Beneficiaries  under  act  of  1877. 

718.  Twenty-two  years’  service,  retire- 

ment. 

719.  Act,  application  of. 

720.  Custodian  of  fund;  books,  accounts, 

bond. 

721.  Warrants,  drawn  by  mayor  etc. 

722.  Warrants,  money  paid  only  on;  in- 

terest of  fund. 

723.  Report  of  condition  of  fund. 

724.  Fund  not  subject  to  execution  etc. 

725.  Repealing  clause. 


XIV 


Table  of  Contents. 


25.  Public 

SKcrrioN. 

726.  Doors  to  open  outward. 

727.  Peual  clause. 


Buildings. 

.SK(n'10N. 

728.  May  be  closed,  when. 


26.  Kailroad  Aid 

Skction. 

729.  New  bonds  for  old  indebtedness. 

730.  Emergency  clause. 

731.  New  bonds  to  meet  maturing. 

732.  Bond;  indorsement  thereon  of  total 

value  of  taxable  property. 

733.  Election,  to  determine  issue. 

734.  Registration. 

735.  Auditor  to  certify  tax  rate  to  meet. 


AND  Other  Bonds. 

Section. 

736.  State  custodian;  collection;  payment. 

737.  Money,  how  disbursed. 

738.  Registered  bonds  not  paid  at  ma- 

turity; procedure. 

739.  Payment,  entry  of. 

740.  Fees;  collector’s  bond. 

741.  Bonds;  by  whom  executed. 


27.  Railroads. 


Section. 

742.  Boards  at  crossings. 

743.  Bell  and  whistle,  at  crossings. 

744.  Starting  train  without  signal. 

745.  Approaches  at  crossings. 

746.  Neglect  etc.  to  make,  notice. 

747.  Authorities  construct,  when. 

748.  Company  to  pay  expense  and  $100. 

749.  Draw-bridge  etc.,  train  stop  before 

crossing. 


Section. 

750.  Penalty. 

751.  Railroads  crossing  on  same  level,  re- 

quirements. 

752.  Inspection  of  system;  engineer’s  com- 

pensation. 

753.  Highways,  not  to  be  obstructed. 

754.  Speed  through  cities  etc. ; damages. 

755.  Flagmen;  shelter. 

756.  Penalties. 


28.  Revenue. 


Section. 

757.  Property  exempt  from  taxation. 

758.  Rules  for  valuing  personal  property. 

759.  Rules  for  valuing  real  estate. 

760.  Towns,  cities  etc.;  certificate  of 

rates. 

761.  Taxes  collected,  payment  over. 

762.  County  clerk’s  certificate  to  county 

collector. 

763.  Collector’s  settlements. 

764.  Collector’s  final  settlements. 

765.  Judgment  AND  sale;  advertisement 

as  to. 

766.  Proceeding  against  realty  for  per- 

sonal tax. 

767.  Advertisement;  use  of  figures  etc. 

768.  Application  for  j udgment  when  made. 

769.  Advertisement,  copies  of  and  fees  for. 

770.  Advertisements,  error  in. 

771.  Delinquent  list;  form. 

772.  Tax  may  be  paid  before  sale. 

773.  Payments  reported;  lists  corrected. 

774.  Sale  of  delinquent  lands;  pro- 

cess. 

775.  Entry  of  sale;  redemption. 

776.  Forfeited  tracts  noted. 

777.  Sale  and  redemption  record. 

778.  Sale,  how  conducted. 

779.  How  sold. 


Section. 

780.  Forfeiture  to  state. 

781.  Payment  by  purchaser. 

782.  Certificate  of  purchase. 

783.  Index  to  sale  books. 

784.  Redemption;  time  for;  amount. 

785.  Purchaser  suffering  land  to  be  again 

sold. 

786.  Books  etc.  as  evidence. 

787.  Sales  in  error,  entry. 

788.  Sale  in  error;  purchaser  re-imbursed. 

789.  Redemption  money  received,  effect. 

790.  Notice  of  time  expiring. 

791.  Affidavit,  evidence,  notice. 

792.  Collector’s  April  payment  to  local 

authorities. 

793.  To  pay  to  cities  etc.  every  ten  days. 

794.  Special  assessments;  apportionment 

when  payable  in  instalments. 

795.  Uniformity  of  taxation  restored. 

796.  Tax  sale  ; city  may  purchase  at. 

797.  Rebate,  when  property  destroyed. 

798.  Assessment  reduced  or  released. 

799.  Tax  illegally  collected;  power  to  re- 

fund. 

800.  Warrants  on  treasurer  etc.  drawn 

when. 

801.  Warrants  may  issue  in  anticipation 

of  taxes. 


Table  of  Contents. 


XV 


29.  Riots. 


Section. 

802.  City  or  county  liable  for  damages. 

803.  Action,  how  brought;  judgment. 

804.  Recovery,  when  had. 

805.  Action  by  party  against  rioters;  lien 

etc. 


Section. 

806.  Action  by  city  or  county. 

807.  Damages  claimed:  action  when 

brought. 

808.  City  or  county  settling  claim:  pro- 

cedure. 


30.  Roads  and  Bridges. 


Section. 

809.  Highway  commissioners’  certificate; 
extension  of  tax ; collection  and 
payment. 


Section. 

810.  Town  or  village  tax, 

811.  Bridges,  sidewalks  etc.,  injury  to. 

812.  Recovery  of  premises,  mode  of. 


31.  Sale  of  Property. 


Section. 

813.  Cities  and  villages  may  sell,  when 
and  how. 


Section. 

814.  Ordinance  to  pass;  bids  received,  ac- 

cepted or  re  fused. 

815.  Deeds  of  conveyance. 


32.  Schools. 


Section. 

816.  Board  op  directors,  powers  of. 

817.  Cities  and  villages  subject  to  general 

law,  when. 

818.  Board  of  education,  how  constituted; 

membership. 

819.  President,  election  of  and  term. 

820.  His  duties. 

821.  Members  elected  annually. 

822.  Election;  notice  and  form  of. 

823.  Notice  not  given. 

824.  Election,  how  conducted. 

825.  First  election,  under  this  aet. 

826.  Board;  its  duties  and  powers. 

827.  Money  expended  only  on  yea  and  nay 

vote. 

828.  Powers  exercised  at  meeting,  regular 

or  special. 

829.  School  trustees  hold  title  to  realty,  in 

trust. 

830.  Moneys  held  as  a special  fund,  sub- 

ject to  order  of  board. 

831.  Schools  under  special  charters  may 

adopt  this  act;  procedure. 

832.  Elections  and  organization  hereunder. 

833.  Cities  of  10,000  inhabitants;  term  of 

board;  present  incumbents. 

"834.  Membership;  eligibility. 

835.  OfiScers  and  employes,  duties  and 

compensation. 

836.  Record  of  proceedings. 

837.  Board’s  powers  and  duties,  when 

council  concurs. 

838.  Board’s  powers. 

839.  Board’s  duties. 

840.  Exercise  powers  only  at  board  meet- 

ings. 


Section. 

841.  Council  vested  with  title  to  realty,  in 

trust. 

842.  Moneys  held  as  a special  fund,  sub- 

ject to  board’s  order. 

843.  Expended  only  on  specified  receipts 

and  appropriations. 

844.  Board  exclusively  governs  schools. 

845.  Fines  and  forfeitures  applied. 

846.  Liabilities;  wrongful  use  of  funds. 

847.  Use  of  fund  in  aid  of  sectarianism. 

848.  Exclusion  of  child,  for  color. 

849.  Statute,  how  construed. 

850.  Judgment;  execution;  mandamus. 

851.  Compensation,  not  allowed. 

852.  Officers  hold  over,  when, 

853.  Directors,  appointment  in  certain 

cases, 

854.  How  appointed. 

855.  Organization;  powers  and  duties. 

856.  Tax  for  school  purposes. 

857.  Board  of  education  under  special  act. 

858.  Petition — election. 

859.  Repealing  clause. 

860.  Emergency. 

861.  Assumption  of  debts  created  by  city. 

862.  Cities  of  20,000  to  100,000;  control 

of  schools. 

862a.  Taxation. 

862b.  Record  of  proceedings. 

862c.  Emergency. 

862d. Compulsory  education  — attend- 
ance required. 

862e. Violation  of  act — penalty. 

862f.  Truant  officers. 

862g.  Recovery  of  penalties, 

862h, Evasion  of  statute. 


XVI 


Table  of  Contents. 


SKCTIOIt. 

8G:L  Conveyance  of  school  property  to 
school  officers. 

HG4.  Non  user;  reversion,  reconveyance. 
bGo.  Trustees,  under  special  charters,  ac- 
count and  cease. 

800.  llepealiug  clause. 


Srction. 

807.  Conveyance  of  realty  for  school  pur- 

poses. 

808.  Election  of  trustees,  expense  how 

paid. 

869.  Election  of  directors, expensehowpaid 

870.  Tax  levy  for. 


32a.  Sparrows. 


Section. 

870a.  Bounty  for  killing. 

870b.  Application  for  bounty,  how  made. 
870c.  Payment,  how  made. 


Section. 

870d.  Killing  of  other  birds,  penalty. 

870e.  Entomological  bulletins. 

670f . Bounty  certificate  wrongfully  issued. 


33.  Streets. 


Section. 

871.  Sidewalks,  by  taxation. 

872.  Ordinance  for  provisions  of. 

878.  Owner’s  neglect  to  construct,  pro- 
cedure. 

874.  Special  tax,  clerk’s  duty. 

875.  General  officer  to  collect,  take  judg 

ment  under  revenue  laws 

876.  When  constructed  by  owner;  certifi 

cate. 

877.  Vacation  of  streets  etc.;  vote  re- 

quired. 

878.  Rights  of  adjoining  owners. 

879.  Right  of  United  States  to  purchase 

or  condemn. 

880.  Jurisdiction;  exemption  from  taxa- 

tion. 

881.  Street  or  alley  closed. 

882.  Drives,  to  public  parks 

888.  Taxes;  special  assessments  etc. 

884.  Control  by  park  commissioners. 

885  Reversion,  when. 


Section. 

886.  City  etc.  may  cede  control  to  com- 

missioners. 

887.  Pleasure  driveways  ; establish- 

ment of. 

888.  How  laid  out  etc. 

889.  Control  thereof. 

889a. Driveways,  improvements  etc. — as- 
.sessments — instalments. 

889b. Driveway  extension  on  bed  of  lake 
Michigan. 

889c.  Plans  and  estimates  — consent  of 
property  owners. 

889d.Conslructioii  — submerged  lands — 
title  to  and  conveyance  of. 
889e.Con.structed — inuring  of  title. 

889f.  Srreet  extensions  stop  at  way. 

890  Elevated  railroad;  use  by. 

891  When  street  more  than  a mile. 

892  Repealing  clause. 

898.  Streets;  publications  prohibited  on. 

894.  Exhibition  of  such  on  street. 

895.  Sale  thereof  through  minors. 


34.  Telegraph  Companies. 


Section. 

896.  Eminent  domain;  exercise  of  right. 

897.  Poies,  erection  of. 

898.  Poles,  in  streets. 


Section. 

899.  Injury  to,  penalty. 

900.  Attachments  to  building. 


35.  Township  Organization. 


Section. 

901.  Organization  as  a town  of  territory 

of  city. 

902.  Town  in  city. 

908.  Election  of  officers. 


Section. 

904.  Council,  powers  of. 

905.  City  council,  may  provide. 

906.  Justices;  regulation  of  number  of. 

907.  Vacancies  in  office. 


36.  Water  Works. 


Section. 

908.  Power  to  supply  water;  contracts. 

909.  Money  borrowed;  tax 

910.  Works,  acquisition  of  property  for. 


foot  page  xvi 

Section. 

911.  Rules;  tax;  assessment;  lien. 

912.  Special  assessments. 

918.  Separate  fund. 


Table  of  Conteni’s. 


xvn 


Se(^tion. 

914.  When  statute  not  apply. 
914a.Pnrcliase  or  leasing  of  water  works- 

election. 

914b.Borrow  money  — tax,  levy  and  col- 
lect. 

915.  Assessments  by  instalments; 

bonds. 

916.  Instalments,  when  payable;  interest. 


Section. 

917.  Assessments  already  ordered;  statute 

applies  to. 

918.  Contract  for  water,  power. 

919.  Tax  therefor. 

920.  Securing  supply;  power  as  to. 

921.  Board’s  power;  raising  money, power, 
921a.  Rates  and  charges  for  supply,  fixing 

of. 

922.  Water  fund  and  light  tax. 


III. 


FORMS  AND  PRECEDENTS. 


1.  Organization  of  cities. 

2.  Legislative  department. 

3.  Elections. 

4.  Enforcement  of  penalties  and  licen- 

ses. 


5.  Officers. 

6.  Finance. 

7.  Special  assessments  and  taxation. 

8.  Organization  of  villages. 


IV. 


INDEX. 


X 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  II. 

Bill  of  Kiohts. 

Section  8.  Arrest  and  detention.  No  person  shall  be  held  to 
answer  for  a criminal  oft'ense  unless  on  indictment  of  a grand  jury,  ex- 
cept in  cases  in  which  the  punishment  is  by  fine  or  imprisonment 
otherwise  than  in  the  penitentiary,  in  cases  of  impeachment,  and  in 
cases  arising  in  the  army  and  navy  or  in  the  militia  when  in  actual 
service  iibtime  of  war  or  actual  danger;  provided  that  the  grand  jury 
may  be  abolished,  by  law,  in  all  cases. 

§ 11.  Grade  of  penalty.  All  penalties  shall  be  proportioned  to 
the  nature  of  tlie  offense  . . . 

1.  The  statute  of  1888,  increasing  punishment  on  subsequent  conviction  for  further 
offenses,  is  not  in  violation  of  these  sections  ; Kelly  v.  People,  115  III.,  586. 

§ 13.  Eminent  domain.  Private  property  shall  not  be  taken  or 
damaged  for  public  use  without  just  compensation.  Such  compensa- 
tion, when  not  made  by  the  state,  shall  be  ascertained  by  a jury,  as 
shall  be  prescribed  by  law.  Tlie  fee  of  land  taken  for  railroad  tracks, 
without  consent  of  the  owners  thereof,  shall  remain  in  such  owners, 
subject  to  the  use  for  which  it  is  taken. 

1.  This  section  prohibits  legislation  imposing  on  any  person — natural  or  artificial  — 
not  acting  under  license  or  by  virtue  of  a franchise,  the  burden  of  buying  property 
or  hiring  labor  to  furnish  public  statistics,  save  on  due  compensation;  Millett  «. 
People,  117  111.,  298. 

2.  This  section  does  not  confer  the  right  to  take — it  recognizes  and  limits  the  right; 
L.  S.  & M.  S.  Ky.  Co.  v.  C.  & W.  I.  RR.  Co.,  97  111.,  506. 

3.  This  section  operated  in  presenti,  without  legislative  action — it  is  not  merely 
prospective  in  its  effect;  People  v.  M’Roberts,  62  111.,  38. 

4.  The  constitution  limits  the  right  to  exercise  the  power  of  eminent  domain; 
Chicago  V.  Lamed,  34  111.,  203. 

5.  The  right  of  eminent  domain  is  in  the  exercise  of  a sovereign  power;  it  may  be 
exercised  by  the  legislature,  ad  libitum,  if  just  compensation  be  made;  Johnson  r. 
Joliet  etc.  RR.  Co.,  23  111.,  202. 

6.  Apart  from  the  exercise  of  the  taxing  power,  property  can  be  taken  to  satisfy  a 
special  assessment,  only,  under  the  power  of  eminent  domain;  Chicago  v.  Lamed, 
34  111.,  203. 

7.  The  phrase  "private  property”,  includes  the  right  of  user  and  enjoyment  of  tho 
property;  E.  St.  L.  v.  O’Flynn,  19  App.,  67. 


2 


liiLL  OK  Kioirrs, 


8.  .lust  conijxMisation  is  an  indemnity  for  all  the  land  owner  may  suffer  from  all 
the  futuni  cons(!(|uenc(!S  of  the  careful  and  prudent  use  of  the  ])ro])osed  structure  or 
imju'oveimmt:  ('.  & 1.  lill.  Co.  v.  Loeh,  118  111.,  200;  a sum  allowed  and  paid  one, 

whose  property  is  taken,  e(ptal  to  the  value  of  that  which  is  taken;  Chi.  & A,  KR. 
(’<).  r.  (ioodwin,  111  111.,  280. 

0.  O'he  damages  contemplat(;d,  to  privat(i  y)roi)erty,  by  this  section  are  such  as  are 
actual,  real  and  present;  Kberhart  v.  (’.,  M.  & 8t.  P.  Ry.  ('o.,  70  111.,  047. 

10.  O'he  clause,  luueof,  which  provides  as  to  the  damage  of  f)rivat(i  ]>roperty  is  to  be 
interpreted  in  a reasonable  and  practical  manner.  If  the  property  be  not  taken,  the 
damage  must  be  real  — not  speculative.  If  the  ])ro])erty  shall  not  be  worth  less  by 
reason  of  the  doing  of  the  thing  — laying  a railroad  track  in  a street  — the  abut- 
ting owner  is  not  entitled  to  damages;  Page  v.  C.,  M.  & St.  P.  RR.  Co.,  70  111.,  024; 
C.  A P.  RR.  ('o.  V.  Francis,  70  111.,  288. 

11.  The  compensation  for  property  damaged,  as  well  as  taken — when  not  made 
by  the  state  — must  be  ascertained  by  a jury;  Kine  v.  Defeubaugh,  04  111.,  291;  Peo- 
])le  r.  M’Roberts,  02  111.,  88. 

12.  The  power  of  eminent  domain  can  be  exercised,  only,  by  making  just  compen- 
sation; Chicago  ».  Lamed,  84  111.,  208. 

18.  The  determination  of  what  is  “ just  compensation  ”,  under  this  section,  involves 
ft  judicial  question;  ('ook  v.  S.  P.  Com.,  01  111.,  115;  Rich  v.  Chicago,  59  111.,  280, 

14.  The  exercise  of  the  power  of  eminent  domain  can  not  be  so  al)ridged  as  to  pre- 
vent the  legislature  from  appropriating  the  property  and  franchises  of  incorporated 
companies,  where  the  public  exigency  demands  it.  Whatever  exists  in  any  form  — 
tangible  or  intangible  — is  subject  to  the  exercise  of  this  power;  Met.  C.  Ry.  Co.  v. 
Chi.  W.  D.  Rv.  Co.,  87  111.,  817;  as  to  an  estate  for  years;  Chicago  v.  Garritv,  7 
A])]).,  474. 

15.  Private  ])roperty  can  be  condemned  to  public  use,  by  a municipal  corporation, 
only  for  some  pur])o,se  specifically  named  in  the  law  and  within  the  proper  scope  and 
meaning  of  the  delegated  authority;  E.  St.  L.  o.  St.  John,  47  111.,  4U8, 

1().  A party  seeking  condemnation  of  laud  to  public  use  acquires  no  vested  right, 
under  the  judgment,  until  the  payment  of  the  damages  awarded,  or  the  deposit  of  the 
money  to  his  use.  The  rights  of  the  parties  are  reciprocal;  the  laud  owner  has  no 
vested  right  in  the  damages  assessed  until  the  sum  thereof  is  paid  or  deposited.  In 
the  case,  however,  of  the  taking  or  damaging  of  property,  with  the  owner’s  consent, 
before  compensation  made,  such  owner  has  a vested  right  in  the  compensation  when 
awarded;  Chicago  v.  Barbiau,  80  III.,  482;  Beveridge  r. W.  Chi.  P.  Com.,  7 App.,  460, 

17.  If  the  land  of  an  individual  be  condemned  to  a public  use  — as  a city  park  — 
until  the  damages  assessed  are  paid  there  can  be  no  occupation  for  the  purposes  of 
the  condemnation;  it  has,  however,  been  held  that  such  damages  may  be  paid  by 
benefits  accruing  to  the  owner;  People  v.  Williams,  51  111.,  63;  People  v.  M’Roberts, 
62  111.,  88;  see,  also,  Rockf.  etc.  Co.  v.  Coppinger,  66  111.,  510.  The  doctrine  of 
eminent  domain  is  not  applicable  to  the  levy  and  collection  of  a tax  — but  only  to 
the  condemnation  of  property;  IIe.ssler  r.  Drain.  Com.,  58  III.,  105;  Harward  v.  Drain. 
Co.,  51  111.,  180. 

18.  Injunction  will  not  issue  to  re.strain  the  use  of  a railroad  track  upon  a public 
street  — although  the  operating  company  may  be  insolvent  — until  the  adjoining  land 
owner’s  damages  shall  be  ascertained  and  paid;  P,  & R.  I.  Ry.  Co.  v.  Shertz,  84 
111.,  185. 

19.  Title  is  divested  by  the  taking  of  lands,  condemnation  effected  and  the  assess- 
ment and  acceptance,  by  the  owner,  of  damages  awarded;  Rees  v.  Chicago,  88  111., 
322. 

20.  A statute  vesting  in  the  corporate  authorities  of  cities,  towns  and  villages  the 
power  to  tax  contiguous  property  for  the  constructing  of  sidewalks  and  with  a dis- 
cretion to  determine  whether  the  improvement  shall  be  by  taxation  of  contiguous 
property  or  by  special  assessment  — by  levy  for  the  cost  of  the  walk  in  front  of  the 
])roperty  or  by  levy  of  a tax  proportioned  to  value,  frontage  or  superficial  area  — is 
not  unconstitutional;  White  v.  People,  94  111.,  604. 

21.  An  assessment  for  improvements  made  on  the  basis  of  the  frontage  of  lots  on 
the  street  to  be  improved  is  invalid,  containing  neither  the  element  of  equality  nor 
uniformity,  if  assessed  under  the  taxing  power;  it  is  equally  invalid,  if  in  the  exer- 
cise of  the  eminent  domain,  no  compensation  is  provided;  Chicago  v.  Lamed,  84  111., 
203;  Chicago  Baer,  41  111.,  306;  Ottawa  w.  Spencer,  40  111.,  211.  These  cases  are 
not  authority,  under  this  section;  White  v.  People,  94  111.,  604. 


LecUSLATIVE  I)EI‘AUT.MKNT. 

22.  'I  ll ' limitation  of  this  section  lias  reference,  only,  to  the  exercise  of  the  power 
of  eminent  domain  — not  to  the  special  taxation  of  contiguous  }>roperty  for  local  im- 
provement, bv  cities,  towns  and  villages;  People  -y.  Stuart,  97  111.,  12)1;  White  v. 
Peoiile,  97  Ilf.,  123. 

23.  'I'he  general  sections  of  the  constitution,  as  to  r(» venue  (art.  9,  §§  1,  9),  do  not 
ajiply  to  the  case  of  the  making  of  local  improvements  by  special  taxation  by  the 
corporate  authorities  of  cities,  towns  and  villages.  In  respect  of  this  matter  there  is 
11')  limitation  as  to  eiiuality  and  uniformity  in  the  constitution  of  1870;  White  v.  Peo- 
])le.  94  111.,  604. 

24.  'riiis  section  is  not  violated  by  levy  of  special  assessment  to  improve  a city  or 
village  street  in  advance  of  the  acquisition  of  the  land  for  the  street;  Holmes  v. 
Hyde  Park,  121  111.,  128. 

25.  The  property  of  corporations,  in  so  far  as  concerns  the  ownership  thereof  and 
the  ])rofit  to  be  made  from  its  use,  is  private  property;  although  applied  to  a use 
in  which  the  public  has  an  interest;  L.  S.  & M.  8.  Hy.  Co.  v.  C.  & W.  I.  RR.  Co., 
97111.,  506:  S.  C.,  100  111,  21. 

26.  Constructing  a track  across  a street  on  which  another  company  has  its  track  — 
though  on  the  same  grade  — is  a taking  under  this  section;  C.  & W.  1.  RR.  Co.  v.  C., 
St.  L.  & P.  RR.  Co.,  15  App.,  587. 

§ 17.  Public  assembly.  The  people  liave  the  right  to  assemble 
in  a peaceable  manner  to  consult  for  the  common  good,  to  make 
known  their  opinions  to  their  representatives  and  to  apply  for  redress 
of  grievances. 

1.  A mere  order  to  a lawful  assemblage  of  persons,  peaceably  conducted,  to  disperse 
will  not  excuse  the  throwing  of  a bomb  among  a body  of  policemen  giving  the 
order;  Spies  v.  People,  122  111.,  100. 


AKTICLE  lY. 

§ 4.  Disqualification  for  office.  Yo  person  who  has  been  or, 
hereafter,  sliall  be,  convicted  of  bribery,  perjury  or  other  infamous 
crime,  nor  any  person  who  has  been  or  may  be  a collector  or  holder  of 
public  moneys,  who  shall  not  have  accounted  for,  and  paid  over,  ac- 
cording to  law,  all  such  moneys  due  from  him,  shall  be  eligible  to  the 
general  assembly,  or  to  any  office  of  profit  or  trust  in  this  state. 

§ 20.  State  aid  prohibited.  The  state  shall  never  pay,  assume 
or  become  responsible  for  the  debts  or  liabilities  of,  or,  in  any  manner, 
give,  loan  or  extend  i^s  credit  to  or  in  aid  of  any  public  or  other  corpo- 
ration, association  or  individual. 

§ 22.  Local  or  special  legislation.  The  general  assembly  shall 
not  pass  local  or  special  laws  in  any  of  the  following  enumerated  cases, 
.that  is  to  say,  for  . . . changing  the  names  of  persons  or  places ; 

. . . vacating  roads,  town  plats,  streets,  allej^s  and  public  grounds ; 

. . . regulating  the  jurisdiction  and  duties  of  justices  of  tlie  peace, 

police  magistrates  and  constables  ; incorporating  cities,  towns  or  villages, 
or  changing  or  amending  the  charter  of  any  town,  city  or  village ; . . . 

providing  for  the  management  of  common  schools  ; . . . the  open- 

ing and  conducting  of  any  election  or  designating  the  place  of  voting ; 
. . . remitting  fines,  penalties  or  forfeitures ; creating,  increasing  or 

decreasing  fees,  percentage  or  allowances  of  public  officers,  during  the 
term  for  which  said  officers  are  elected  or  appointed  ; . . . grant- 


4 


l^LL  OF  liHaiTS. 


in^  to  any  (corporation,  association  or  iinJividiial  tlie  riglit  to  lay  down 
railroad  tracks,  or  amending  existing  charters  for  such  ])urpose. 

1.  (JeiKu-al  laws  are  tliose  which  n^late  t(j  or  bind  all  within  the  jurisdiction  of  the 
law  making  ])ower,  limited  as  that  ])ower  may  be  in  its  territorial  operatioii,  or  by 
constitutional  n^straint;  Peo|)le  (k)oj)er,  83  111.,  58o. 

2.  A statute,  can  not  be  gem;ral — in  any  correct  sense  of  the  term — which  by  reason 
of  a local  option  is  repealed  or  which — it  being  the  same  in  effect — has  its  vitality,  as 
a law,  suspend(‘d  in  one  locality  but  remains  in  full  force  in  another  locality  of  ]>re- 
cisely  the  same  kind,  there  existing  in  both  a proper  subject  matter  on  which  the  statute 
might  operate;  or  in  the  same  locality,  is  law  or  is  not  according  as  may  suit  the 
varying  fancy  of  the  local  authorities;  People  v.  Cooper,  83  111.,  585, 

3.  A general  law  may  be  made  to  depend  on  some  contingency  — as  a popular  vote 
of  a city  etc. — as  to  when  it  takes  effect  in  a particular  locality;  P(;ople  v.  Hoffman, 
116  111.,  594. 

4.  A law  is  not  local  or  special  when  it  is  general  and  uniform  in  its  operation 
upon  all  in  like  situation;  People  v.  Hazelwood,  116  111.,  '322. 

5.  Designating  counties,  as  a class,  according  to  a minimum  population,  which 
makes  it  absolutely  certain  that  but  one  counkv,  within  the  state,  can  avail  of  the 
law  made  applicable  to  the  class,  is  to  be  regardetl  as  a mere  device  to  evade  the 
provision  forbidding  special  legislation;  Devine  v.  Co.  Comm.,  84  111.,  590. 

6.  The  clauses,  of  this  section,  which  prohibit  the  passing  of  local  or  special  laws 
incorporating  cities,  towns  or  villages,  or  changing  or  amending  the  charter  of  any 
city,  town  or  village,  is  applicable  to  and  restrictive  of  the  general  assembly  in  the 
enactment  or  amendment  of  charters  for  cities  and  villages.  The  prohibition  has  no 
reference  to  past  legislation;  the  provisions  simply  prescribe  the  limitations  on  fu- 
ture legislation  in  this  respect;  Covington  v.  E.  St.  L.,  78  111.,  548. 

7.  This  section  did  not  design  to  repeal  or  change  charters  of  cities,  towns  and 
villages  in  force  before  its  adoption;  it  merely  provides  that  such  charters  shall  not 
be  enacted,  changed  or  amended  save  by  general  law;  Cuild  v.  Chicago,  82  111.,  472. 

8.  This  section  simply  prescribes  the  future  legislation  in  respect  of  the  incorpora- 
tion of  cities,  towns  or  villages.  It  is  applicable  to  and  restrictive  of  the  general 
assembly,  in  the  enactment  or  amendments  of  charters  for  cities  and  villages;  Coving- 
ton E.  St.  L.,  79  111.,  598. 

9.  Statute  of  1877,  to  regulate  the  practice  of  medicine,  is  not  invalid  as  being  local 
or  special;  Williams  v.  People,  121  111.,  87. 

10.  This  section  does  not  name  “drainage  ” in  the  direct  prohibition  of  special  or 
local  legislation;  Owners  etc.  c.  People,  113  111.,  314. 

§ 23.  Release  of  obligations  prohibited.  The  general  assem- 
bly shall  have  no  power  to  release,  or  extinguish,  in  whole,  or  in  part, 
the  indebtedness,  liability,  or  obligation  of  any  corporation,  or  indi- 
vidual, to  this  state,  or  to  any  municipal  corporation  therein. 

1.  This  section  was  not  intended  to  embrace  a release  of  claims  doubtful  or  hazard 
ous,  which  the  state  may  hold  against  a municipal,  or  other,  corporation;  Burr  v. 
Carbondale,  76  111.,  455. 

§28.  Officer  — his  term.  Xo  law  shall  be  passed  which  shall 
operate  to  extend  the  term  of  any  public  officer  after  his  election  or 
appointment. 

§ 31.  Drainage.  The  general  assembly  may  pass  laws  permitting 
the  owners  of  lands  to  construct  drains,  ditches  and  levees,  for  agricul- 
tural, sanitary  or  mining  ^^urposes,  across  the  lands  of  others  and  pro- 
vide for  the  organization  of  drainage  districts  and  vest  the  authorities 
thereof  with  power  to  construct  and  maintain  levees,  drains  and 
ditches,  and  to  keep  in  repair  all  drains,  ditches  and  levees,  heretofore 
constructed  under  the  laws  of  this  state,  by  special  assessments  upon 
the  property  benefited  thereby.  [As  amended,  by  ])opular  vote,  l^o- 
vember,  1878. 


O I’l'ICEllS. 


5 


1.  The  legislature  is  powerless  to  invest  coiuinissioners  or  juries  appointed  by  the 
county  clerk,  with  authority  to  assess  and  collect  taxes  or  special  assessments  for  the 
construction  of  a levee  to  prevent  the  overflow  of  lands;  Updike  i).  Wright,  81  111.,  49. 

2.  This  section  does  not  require  the  corporate  authorities  of  drainage  districts  to 
be  elected  by  the  ])eoi)le  of  the  districts;  Huston  t.  Clark,  112  111.,  849. 

3.  This  section  imposes  no  limitations  on  the  legislature  as  to  the  agencies  to  be 
used  in  creating  a drainage  district.  The  legislature  may  declare  who  shall  be  the 
corporate  authorities  of  such  districts;  Owners  etc.  v.  People,  113  111.,  304. 

4.  This  section  places  no  limitation  on  the  legislature  as  to  the  mode  of  forming 
drainage  districts  or  as  to  the  agencies  to  be  used  in  their  creation;  Huston  «.  (dark, 
112  111.,  348. 

5.  This  section,  giving  a grant  as~to  drainage,  is  unrestricted  in  terras;  it  carries, 
by  implication,  all  powers  to  make  the  general  grant  effective  to  accomplish  the  re- 
sult intended;  as  to  the  mode  the  legislature  is  sole  judge;  Kilgour  o.  Drain.  Comm’rs, 
111  HI.,  350. 

6.  This  section,  as  amended,  1878,  does  not  restrict  the  legislature  in  the  exercise 
of  the  power  conferred  to  the  mode  prescribed  by  or  the  agencies  and  instrumentali- 
ties designated  by  drainage  acts  of  1879;  Hyde  Park  v.  Spencer,  118  111.,  449. 

7.  This  section,  as  amended,  1878,  confers  authority  on  the  legislature  to  pass  the 
city  and  village  drainage  law  of  1885;  Hyde  Park  v.  Spencer,  118  111.,  449. 

8.  A special  assessment  for  drainage  can  only  be  made  on  property  to  be  benefited 
and  it  can  not  exceed  the  benefit  to  be  derived;  Comm’rs  v.  Kelsey,  120  111.,  483. 


ARTICLE  Y. 

§ 25.  All  civil  officers,  except  members  of  the  general  assembly,  and 
such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation  : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the  con- 
stitution of  the  United  States,  and  the  constitution  of  the  state  of  Illinois,  and  that 
I will  faithfully  discharge  the  duties  of  the  office  of  according  to  the  best 

of  my  ability. 

And  no  other  oath,  declaration  or  test  shall  be  required  as  a qualifi- 
cation. 

1.  The  common  law  recognizes  any  mode  of  swearing  a witness  that  the  witness 
believes  to  be  binding  on  his  conscience ;'M’ Kinney  v.  People,  2 Gilm.,  541. 

2.  Oaths  are  to  be  administered  to  all  persons  according  to  their  opinions,  and  as 
it  most  affects  their  consciences;  Gill  v.  Caldwell,  Breese,  53. 

3.  The  election  law  of  1885,  applicable  to  cities  and  villages,  as  to  the  appointment 
of  election  commissioners  from  each  of  the  two  leading  political  parties,  does  not  es- 
tablish a political  test  of  office  repugnant  hereto;  People  v.  Hoffman,  116  111.,  594. 


ARTICLE  VI. 

§ 1.  Judicial  powers.  The  judicial  powers,  except  as  in  this 
article  is  otherwise  provided,  shall  be  vested  in  one  supreme  court,  cir- 
cuit courts,  county  courts,  justices  of  the  peace,  police  magistrates  and 
such  courts  as  may  be  created  by  law  in  and  for  cities  and  incorporated 
towns. 

1.  This  section,  by  the  exception  therein,  refers  to  section  11  of  the  article  author- 
izing appellate  courts  and  probate  courts  in  certain  counties;  Berkowitz  v.  Lester, 
121  111.,  101. 


G 


Judicial  Powers. 


2.  Tlie  judiciary  can  exercise  no  autliority  or  power,  except  such  as  is  clearly 
granted  by  tlui  constitution;  People?;.  Salomon,  51  111.,  49;  Field  t'.  Peoi)le,  2 Scam.,  79. 

3.  When  a pro{>erty  right  is  (Iravvn  in  ([U(;stion,  in  a legal  ])roceeding,  depending 
on  an  alleged  usurpation  of  power,  by  either  the  legislative  or  executive  department 
of  the  governimmt,  and  not  with  respect  to  a matter  of  which  such  department  is 
constituted  tlie  sole  Judge,  the  ultimate  determination  of  such  (question  belongs  to 
the  Judiciary ; Dodge  Cole,  97  111.,  338. 

4.  Tin;  courts  provided  for  execute  their  powers  in  conformity  with  the  common 
law  or  in  the  mo(h;  prescribed  by  the  legislature;  they  can  not  make  law;  but,  only, 
declare  what  the  law  is,  as  applied  to  a given  state  of  case;  they  may— in  the  ab- 
sence of  legislation — make  and  enforce  rules  of  practice,  ])unish  for  con  tern  [)t  and  ex- 
ercise such  powers  as  are  necessary  to  the  elficient  transaction  of  business  given  them 
to  perform;  Dodge  v.  Cole,  97  111.,  338. 

5.  It  is  competent  for  the  legislature  to  establish  inferior  courts  of  civil  and  crim- 
inal Jurisdiction  in  cities  and  to  prescribe  the  qualifications  of  the  Judges  thei’eof ; 
l^eople  Wilson,  15  111.,  388. 

0.  A clerk  of  court  can  not  be  authorized  to  perform  a Judicial  act — as  to  render  a 
judgment,  by  default,  in  vacation;  Hall  v.  Marks,  34  III.,  358. 

7.  The  Jurisdiction  of  a city  court  is  designed  to  be  limited  to  territory  within  the 
limits  of  a city  — not  to  extend  to  the  limits  of  the  town;  People  P^vans,  18  111., 
301. 

8.  The  statute  of  March  26,  1874,  re];eals  all  prior  laws  creating  city  courts;  such 
old  courts  no  longer  exist:  PTantz  o.  P'leitz,  85  HI.,  305. 

9.  See  Additional  Laws  — City  Courts. 

§ 21.  Justices  of  the  peace  etc.  Justices  of  the  peace,  police  mag- 
istrates and  corisiables  sliall  be  elected  in  and  for  such  districts  as  are, 
or  may  he,  provided  by  law,  and  the  jurisdiction  of  such  justices  of  the 
peace  and  police  magistrates  shall  he  uniform. 

1.  A provision  in  a charter  of  a town  giving  tlie  police  magistrate,  in  certain  con- 
tingencies, power  to  issue  process  against  the  body  of  an  offender,  for  the  satisfaction 
of  the  judgment  against  him  for  violation  of  an  ordinance  is  not  in  violation  of  this  — 
or  any  — constitutional  provision.  It  is  valid;  Brown  v.  Jerome,  102  111.,  371. 

2.  The  constitution  does  not  require  that  the  districts,  within  the  limits  of  which 
the  Jurisdiction  of  Justices  of  the  peace  and  police  magistrates  is  restricted  or  con- 
fined, shall  be  of  uniform  size;  but,  that  such  districts  shall  be  created  by  counties  or 
townships;  and  not  partly  of  each  — so  that  their  Jurisdiction  throughout  the  state 
shall  be  co-extensive  with  the  counties  in  which  they  are  elected,  or  limited  to  town- 
ships— if  townships  are  adopted  as  the  basis  for  districting.  Thus,  where  a statute 
(1881),  in  relation  to  Justices  of  the  peace,  created  each  county  in  the  state  — except 
Cook  county  — a district,  and  made  two  districts  of  Cook  county  and  limited  the 
jurisdiction  of  such  officers  within  such  districts,  the  act  was  held  to  be  in  violation 
of  this  section;  People  v.  Meech,  101  111.,  201. 

§ 2S.  Justices  in  Chicago  city.  All  justices  of  the  peace  in  the 
city  of  Chicago  shall  be  appointed  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate  (but,  only  upon  the  recommendation 
of  a majority  of  the  judges  of  the  circuit,  superior  and  county  courts), 
and  for  such  districts  as  are  now  or  shall  hereafter  be  provided  by  law. 
They  shall  hold  their  offices  for  four  years  and  until  their  successors 
have  been  commissioned  and  qualified,  but  they  may  be  removed,  by 
summary  proceeding  in  the  circuit  or  superior  court,  for  extortion  or 
other  malfeasance.  . . . 

1.  Police  magistrates  are  Justices  of  the  peace;  this  section  abolished  the  office  of 
police  magistrate  in  Chicago;  People  Palmer,  64  111.,  41;  see  People  v.  Meech,  101 
111.,  201. 

§32.  Officers  — residence  and  compensation.  All  officers  pro- 
vided for  in  this  article  shall  . . .,  respectively,  reside  in  the  division, 


Suffrage. 


7 


circuit,  county  or  district  for  which  they  may  be  elected  or  appointed. 
. . . All  officers,  where  not  otherwise  provided  for  in  this  article, 

shall  perform  such  duties  and  receive  such  compensation  as  is  or  may 
be  provided  by  law.  . 


AKTICLE  yil. 

§ 1.  Right  of  suffrage.  Every  person  having  resided  in  this  state 
one  year,  in  the  county  ninety  days  and  in  the  election  district  thirty 
days  next  preceding  any  election  therein,  who  was  an  elector  in  this 
state  on  the  first  day  of  April,  in  the  year  of  our  Lord  1848,  or  obtained 
a certificate  of  naturalization  before  any  court  of  record  in  this  state 
prior  to  the  first  day  of  January,  in  the  year  of  our  Lord  1870,  or  who 
shall  be  a male  citize!i  of  the  United  States,  above  the  age  of  twenty- 
one  years,  shall  be  entitled  to  vote  at  such  election. 

• 1,  It  is  not  an  unreasonable  regulation  of  the  riglit  to  require  one  who  seeks  to  ex- 
ercise  it  to  establish  his  right  three  weeks  before  election  day;  People  v.  Hoffman, 
116  111.,  594. 

2.  This  article — as  to  suffrage  — is  not  violated,  by  the  drainage  act,  in  authorizing 
the  owners  of  land  to  elect  commissioners  irrespective  of  their  residence  or  sex; 
Davenport  v.  Drain.  Comm’rs,  25  App.,  92. 

§ 2.  Vote  by  ballot.  All  votes  shall  be  by  ballot. 

§ 3.  Privileges  of  electors.  Electors  shall  in  all  cases,  except 
treason,  felony  or  hreacli  of  the  pence,  be  privileged  from  arrest  during 
their  attendance  at  elections,  and  in  going  to  and  returning  from  the 
same.  And  no  elector  shall  be  obliged  to  do  military  duty  on  the  days 
of  election,  except  in  time  of  war  or  public  danger. 

§ 5.  Excluded  persons.  No  soldier,  seaman  or  marine  in  the 
army  or  navy  of  the  United  States  shall  be  deemed  a resident  of  this 
state  in  consequence  of  being  stationed  therein. 

§6.  Offices  — persons  excluded.  No  person  shall  be  elected  or 
appointed  to  any  office  in  this  state,  civil  or  military,  who  is  not  a citi- 
zen of  the  United  States  and  who  shall  not  have  resided  in  this  state 
one  year  next  preceding  the  election  or  appointment. 


ARTICLE  YIII. 

§ 3.  Neither  the  general  assembly,  nor  any  comity,  city,  town,  town- 
ship, school  district,  or  other  public  corporation,  shall  ever  make  any 
appropriation  or  pay,  from  any  public  fund  whatever,  any  thing  in  aid 
of  any  church  or  sectarian  purpose,  or  to  help,  support,  or  sustain,  any 
school,  academy,  seminary,  college,  university,  or  other  literary  or 
scientific  institution,  controlled  by  any  church  or  sectarian  denomina- 
tion whatever;  nor  shall  any  grant,  or  donation  of  land,  money,  or 
other  personal  property  ever  be  made  by  the  state,  or  any  such  public 
corporation,  to  any  church  or  for  anj^  sectarian  purpose. 


8 


Schools  — Taxation. 


1.  'I'liis  section  is  self  oxecnf in^;-;  Cook  CV).  d.  Chi.  Imliistrial  Sell.,  12o  111.,  r>4:j. 

2.  'I’liis  section  proliiliits  tln^  apinopriation  of  imblic  moneys  to  “ sectarian  ” insti- 
tutions by  donation  or  by  payment  for  services  rendered;  Cook  Co.  v.  Chi  Ind  Sch 
12o  111.,  543. 

3.  This  .siiction  does  not  jn-ohibit  the  tem{)orary  use  of  a school  liouse  for  religions 
worship.  'I'he  incidental  use  thereof,  for  the  holding  of  religious  meetings — not 
interfering  with  school  uses — is  not,  in  reason,  inconsistent  with  its  faithful  application 
to  smdi  school  ]mrpos(;s;  nor  is  such  use  a payment  or  appropriation  of  any  part  of  a 
imblic  fund  in  aid  of  a church  etc.;  Nichols  v.  Sch.  Dir.,  1J3  111.,  01. 

4.  d'o  pay  rent  to  a church  organization  for  u.se  of  a school  room,  is  not  within  the 
lirohibition  heri'of;  Millard  r.  Board  etc.,  IIJ  App.,  48. 

5.  Ther<‘  is  no  thing  in  the  statute  of  1871)  “to  aid  industrial  schools  for  girls  ” 
whicdi  authoriz(;s  or  contemplates  the  organization  of  these  schools  for  sectarian  pur- 
poses, within  the  meaning  of  this  section.  On  the  contrary  the  act  expressly  |)ro- 
hibits  such.  If,  notwithstanding  the  inhibition  of  the  act,  such  a school  should  ho 
])rostitnted  to  any  church  oi-  sectarian  purposes,  the  law  affords  ample  means  for  a 
speedy  correction  for  such  an  abuse  of  the  act;  M’Lean  Co.  t.  Humphreys,  104  111.,  381. 

0.  A school  at  which  the  doctrines  of  a particular  church  or  sect*  are  taught  and 
where  all  religious  exercises  are  those  of  such  church,  is  a “ .sectarian  ” institution 
within  this  section;  Cook  C'o.  r.  ('hi.  Ind.  Sch.,  125  111.,  543. 

§ 4.  School  officers  not  to  be  interested  in  contracts.  No 

teacher,  state,  county,  township  or  district  school  officer  shall  be  inter- 
ested in  the  sale,  proceeds  or  profits  of  any  book,  apparatus  or  furni- 
ture used  or  to  be  used  in  any  scliool  in  this  state,  with  which  such 
officer  or  teacher  may  be  connected,  under  such  penalties  as  may  be 
provided  by  tlie  general  assembly. 


AETICLE  IX. 

§ 3.  Exemption  from  taxation.  The  property  of  the  state,  coun- 
ties and  other  municipal  corporations,  botii  real  and  ]:>ersonal,  . . , 

may  be  exempted  from  taxation ; but  such  exemption  shall  be  only  by 
general  law.  ... 

1.  This  section  exempts  no  property  from  taxation;  it  merely  authorizes  the  legis- 
lature, by  general  law,  to  exempt  certain  i:>roperty;  People  v.  Anderson,  117  111.,  52. 

§ 6.  Release  from  taxes  prohibited.  The  general  assembly  shall 
have  no  ]mwer  to  release  or  discliarge  atiy  county,  city,  township,  town 
or  district  whatever,  or  the  inhabitants  thereof,  from  their  or  its  pro- 
portionate sliare  of  taxes  to  be  levied  for  state  purposes,  nor  shall  com- 
mutation for  such  taxes  be  authorized  in  any  form  whatsoever. 

§ 9.  Municipal  taxation  and  special  assessment.  The  general 
assembly  may  vest  the  corporate  authorities  of  cities,  towns  and  villages 
with  power  to  make  local  improvements  by  special  assessments,  or  by 
special  taxation  of  contiguous  property,  or  otherwise.  For  all  other 
corporate  purposes,  all  municipal  corporations  may  be  vested  with 
authority  to  assess  and  collect  taxes  ; but  such  taxes  shall  be  uniform 
in  respect  to  persons  and  property,  within  the  jurisdiction  of  the  body 
imposing  the  same. 

1.  This  section  modifies  section  1 of  this  article,  as  to  taxation  hy  valuation,  so  that 
every  person  shall  pay  a tax  in  proportion  to  his  property.  That  section  does  not 
apply  to  local  improvements  by  cities,  towns  and  villages;  \Vhite  v.  People,  94  111.,  604. 


Taxation. 


9 


2.  A tax  for  a “corporate  purpose”,  is  for  that  which  will  promote  the  general 
prosperity  and  welfare  of  the  inunici})ality  which  levies  it;  'I'avlor  r.  Thompson,  42 
111.,!). 

;i.  Municipal  taxes  are  regulated  by  this  and  the  following  sections.  The  sections 
of  this  article  which  i)recede  this  relate  to  state  and  county  revenue  aud  not  to  city 
and  village  taxation;  Braun  v.  Chicago,  110  111.,  100. 

4 'Pile  clause  limiting  municipal  taxation  applies  only  to  cities,  towns  and  villages; 
Wetherell  r.  Beviue,  1 lO  111. , C81. 

5.  This  section  authoiizes  the  legislature  to  invest  cities,  towns  and  villages  with 
pow(‘r  to  make  local  improvements  by  special  assessment  or  by  special  taxation  upon 
contiguous  property  to  be  benefited;  it  prohibits  the  conferring  of  such  power  on 
other  corporations — municipal  or  private;  Updike  v.  Wright,  81  111.,  49. 

0.  The  words  “special  assessment”,  in  this  section,  mean  an  assessment  on  pro- 
perty specially  benefited — without  regard  to  contiguity.  The  words  “contiguous 
])iO])ertv  ” apply  to  bpeciai  taxation,  not  to  special  assessments;  Guild  v.  Chicago,  82 
111.,  472. 

7.  The  rule  of  uniformily  of  taxation  must  be  applied  not  only  to  the  rate  of  taxa- 
tion and  to  the  district  to  be  taxed,  but,  also,  to  the  property  subject  to  taxation;  C. 
& A.  KK.  C’o.  r.  Livingston  Co.,  68  111.,  458;  Lee  i\  Ruggles,  62  111.,  427;  Primm  v. 
Belleville,  59  111.,  142. 

8.  The  limitation  on  the  exercise  of  the  power  of  eminent  domain  (art.  2,  § 13) 
has  no  reference  to  special  taxation  of  contiguou.s  property  for  local  improvements  by 
cities,  towns  and  villages;  White  v.  People,  94111.,  604;  People  Stuart,  97  111.,  123. 

9.  Special  taxation  is  based  on  the  supposed  beneht  to  contiguous  property;  it  dif- 
fers from  special  assessment,  only,  in  the  mode  of  ascertaining  the  benefits.  In  spe- 
cial taxation,  the  imposition  of  the  tax  is,  per  se,  a determination  that  the  benefits  to 
contiguous  property  will  be  as  great  as  the  burden  imposed;  while,  in  the  case  of 
special  assessments,  the  property  to  be  benefited  must  be  ascertained  by  careful  in- 
vestigation and  the  burden  must  be  distributed  according  to  a careffully  ascertained 
proportion,  in  which  each  part  thereof  will  be  beneficially  affected;  Craw  v.  Tolono, 
96  111.,  255. 

10.  The  cases  of  Chicago  v.  Lamed,  34  111.,  203,  and  Ottawa  i\  Spencer,  40  111., 
21i  were  decided  under  the  constitution  of  1848;  they  are  of  no  authority  hereunder, 
the  particular  limitation  of  the  constitution  of  1848  not  being  contained  herein;  White 
r.  People.  94  111.,  604. 

11.  While  this  section  is  to  be  construed  as  a limitation  on  the  power  of  the  legis- 
lature to  authorize  any  other  than  corporate  authorities  to  asse.ss  and  collect  local 
taxes,  it  does  not  confine  the  legislature  to  any  particular  corporate  authorities. 
General  assembly  may  create  every  conceivable  description  of  corporate  authority, 
aud,  when  created,  endow  them  with  all  the  facilities  and  attributes  of  other  pre- 
existing corporate  authorities  (see  Const.,  1848,  art.  -9,  § 5);  Harwood  v.  St.  Clair  Dr. 
Co.,  51  111.,  130;  Peoples.  Salomon,  51  III.,  38. 

12.  The  supervisor  and  assessor  of  a town  are  corporate  authorities  of  the  town  to 
make  local  special  assessments  for  local  improvements,  within  this  section;  People  v. 
Gage,  83  111.,  486. 

13.  An  assessment  oti  property  in  one  town,  for  a local  ini])rovement  in  another 
town,  is  not  within  the  meaning  of  this  section,  as  a local  improvement;  Hundley  v. 
Comm’rs,  67  111.,  259. 

14.  Notwithstanding  the  provision  of  constitution  of  1848  (art.  9,  § 5),  that  the  cor- 
porate authorities  of  cities  may  be  invested  with  power  to  assess  and  collect  taxes 
for  corporate  puri)oses,  there  may  be  cases  where  the  legislature,  Avithout  the  con- 
sent of  the  corporate  authorities,  might  impose  taxes;  if  required  by  the  general 
good  government  of  the  state.  Such  taxes  would  not  be  merely  and  only  for  corpo- 
rate purposes;  People  c.  Mayor  etc.,  51  111.,  18;  Livingston  r.  Wider,  53  111.,  302. 

§ lU.  State  taxation  for  municipal  purposes  prohibited.  The 

general  assembly  shall  not  impose  taxes  upon  nmnieipal  corporations, 
or  the  inhabitants  or  property  thereof,  for  corporate  purposes,  but 
shall  rerpiire  that  all  the  taxable  property  within  the  limits  of  munici- 
pal corporations  sliall  be  taxed  lor  the  jiayment  of  debts  contracted 
under  authority  of  law,  such  taxes  to  be  uniform  in  respect  to  persons 
2 


10 


Taxation. 


and  pro])crty,  within  the  jurisdiction  of  tlie  body  imposing  the  same. 
Private  jiroperty  shall  not  he  liable  to  he  taken  or  sold  for  the  payment 
of  the  corpoi’ate  debts  of  a municipal  corj)oration. 

1.  Th(‘  h'^isljituro  can  not  compel  a niunicii)al  corporation  to  incur  a del)t  or  issue 
its  bonds  lor  a loc^al  purpose,  without  its  consent  — the  le^^islature  is  not  aiitliori/.ed 
to  cH'ate  a debt  lor  it;  Ituggles  w.  J^eople,  Jll  111.,  250;  Williams  c.  Roberts,  SS  HI  , 11. 

2.  The  ])ower  to  imjKjse  a corix^rate  debt,  or  tax,  on  a portion  of  the  per.sons  and 
property  of  a corporate  body  is  expressly  forbidden;  Primm  v.  Belleville,  5!)  111., 
142;  Madison  Co.  P«;ople,  58  HI.,  456. 

3.  The  power  to  control  municipal  corporations  and  to  amend  etc.  their  charters 
etc.  can  not  be  so  used  as  to  compel  such  a corporation  to  incur  a debt,  without  its 
consent  for  the  creation  of  a public  ]>ark  or  other  improvement;  Lovingstou  v.  Wider, 
53  HI.,  302;  llessler  «.  Drain.  Comni’rs,  53  HI.,  105;  People  v.  Chicago,  51  HI.,  58; 
People  0.  Salomon,  51  111.,  38;  People  «.  Mayor  etc.,  51  HI.,  18. 

4.  The  legislature  (;an  not  delegate  the  right  of  corporate  or  local  taxation  to  any 
but  the  corporate  local  authorities,  (’oiporate  authorities  mean  the  municipal  oflicers 
elected,  by  the  people  to  be  taxed,  or  ap]>ointed  in  some  mode  to  which  such  people 
have  assented;  Ijce  v.  Ruggles,  02  111.,  427;  Cage  v.  (iraham,  57  111.,  144. 

5.  The  legislature  can  not  grant  the  right  to  assess  and  collect  munici[)al  taxes 
unless  to  the  corporate  authorities  of  municipalities  or  districts  to  be  taxed  and  for 
corporate  purposes;  then,  not  without  consent  of  tax  payers  to  be  affected;  Wetherell 
t).  Devine,  110  111.,  031. 

0.  A statute  re(piiring  a municipality  to  pay  certain  election  expenses  on  warrant 
of  the  county  judge  does  not  violate  a constitutional  provision  forbidding  the  levy  of 
municipal  taxes  otherwise  than  bv  its  corporate  authorities;  Wetherell  c.  Devim?,  110 
111.,  031. 

7.  Taxes  assessed  by  a municipality  for  election  expen.ses  in  the  corporation  are 
for  a corporate  ])urpose;  although  some  of  such  elections  may  be  for  other  than  city 
officers;  Wetherell  y.  Devine,  116  111.,  031. 

8.  A municipal  corporation  may  levy  a tax  to  pay  the  expense  of  collection  and  to 
meet  deficiencies  likely  to  occur,  over  and  above  the  sum  actually  required  to  pay  its 
debts  etc,;  Hyde  Park 'd.  Ingalls,  87  111.,  11. 

§ 11.  Officers;  eligibility  and  compensation.  No  person  who  is 
in  default,  as  collector  or  custodian  of  money  or  property  belonging  to 
a municipal  corporation,  sliall  be  eligible  to  any  oliice  in  or  under  such 
corporation.  The  fees,  salary  or  compensation  of  no  municipal  officer 
who  is  elected  or  appointed  for  a definite  term  of  office,  shall  be 
increased  or  diminished  during  such  term. 

1.  If  a county  board  has  not  fixed  the  compensation  of  the  county  clerk  before  his 
election,  the  i>ower  to  do  so  remains;  such  compensation  may  be  fixed  after  his  elec- 
tion and  there  will  be  no  violation  of  this  section;  Purcell  t.  Parks,  82  111.,  346. 

§ 12.  Limitation  of  indebtedness.  No  county,  city,  township, 
school  district,  or  other  mnnicipal  coi’poration,  shall  be  allowed  to 
become  indebted  in  any  manner  or  for  any  purpose,  to  an  amount, 
including  existing  indelitedness,  in  the  aggregate  exceeding  five  per 
centum  on  the  value  of  the  taxable  property  therein,  to  be  ascertained 
by  the  last  assessment,  for  state  and  county  taxes,  previous  to  the  incur- 
ring of  such  indebtedness.  Any  county,  city,  school  district,  or  other 
municipal  corporation,  incurring  any  indebtedness  as  aforesaid,  sliall, 
before  or  at  the  time  of  doing  so,  provide  for  the  collection  of  a direct 
annual  tax  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  thereof  within  twenty  years 
from  the  time  of  contracting  the  same.  This  section  shall  not  be  con- 
strued to  prevent  any  county,  city,  township,  school  district,  or  other 


Taxation. 


11 


municipal  corporation,  from  issuing  their  bonds  in  coin})liance  with  any 
vote  of  the  people  which  may  have  been  had  pidor  to  the  adoption  of 
this  constitution  in  pursuance  of  any  law  ]:>roviding  therefor. 

1.  This  section  binds  the  corporation  and  the  legislature;  Dutton  i\  Aurora,  114 
111.,  142. 

2.  Any  corporate  indebtedness  created  beyond  the  limit  herein  provided,  and  the  evi- 
dences thereof  are  void.  No  tax  can  be  levied  aud  collected  to  ])ay  the  same  or  the 
interest  thereon.  The  prohibition  extends  to  and  embraces  debts  incurred  to  be  paid 
on  a future  day,  as  well  as  those  due  aud  payable  at  once;  Law  v.  People,  87  Ill.,88o. 

3.  The  power  to  borrow  money  or  incur  debts  is  not  an  incident  of  tlie  corporate 
existence  of  a municipality;  it  can  not  be  exercised  unless  conferred  by  law;  one  who 
loans  money  to  such  corporations  must  see  that-  the  power  to  borrow  exists;  liaw  v. 
People,  87  111.,  385. 

4.  This  provision,  of  the  constitution,  as  to  the  non  incurring  of  any  debt  without 
first  providing  for  its  payment,  does  not  apply  to  a case  where  the  authority  to  create 
the  indebtedness  was  lawfully  conferred,  by  a proper  vote,  before  the  adoption  of 
this  constitution;  Ed.  of  Educ.  i\  Bolton,  104  111.,  222. 

5.  This  section  does  not  repeal  a clause  of  city  charter,  granted  prior  to  its  adoption, 
prohibiting  the  city  from  contracting  an  indebtedness  in  excess  of  an  amount  less 
than  five  per  cent,  on  the  value  of  taxable  property;  East.  St.  L.  r.  People,  124  111.,  660. 

6.  The  saving  clause  of  this  section  embraces  donations  as  well  as  subscriptions 
and  places  them  on  the  same  footing;  C.  & I.  KU.  Co.  t.  Pinckney,  74  111.,  277. 

7.  If  it  be  possible  for  a city  to  create  a valid  and  binding  debt  in  excess  of  the 
limitation,  it  must  be  shown  that  such  excessive  debt  is  of  such  character  that  the 
law  sanctions  or  it  will  be  adjudged  illegal  and  void;  Law  i\  People,  87  111.,  385. 

8.  Under  this  provision,  when  a municipality  shall  have  reached  the  limit  of  in- 
debtedness prescribed,  it  is  prohibited  from  making  any  contract  whereby  an  indebt- 
edness is  created;  even  for  the  necessary  current  expenses  in  the  administration  of 
the  affairs  and  government  of  the  corporation;  Prince  v.  Quincy,  105  111.,  140;  Prince 
V.  Quincy,  105  111.,  216. 

9.  A city  may,  for  the  purpose  of  paying  current  expenses,  anticipate  the  collection 
of  revenues  already  levied  aud  appropriated  to  the  payment  of  such  expenses,  by 
drawing  warrants  on  the  fund  thereto  specially  appropriated;  E.  St.  L.  v.  Flauuigau, 
26  App. , 449. 

10.  A debt  payable  in  the  future  or  payable  on  a contingency,  or  the  happening  of 
some  event,  as  well  as  a debt  payable  presently  and  absolutely,  is  within  the  prohi- 
bition of  this  section;  it  is  immaterial  that  the  debt  is  for  current  expenses  or  some 
other  thing;  Springfield  i\  Edwards,  84  111.,  629. 

11.  A city,  whose  debt  has  reached  the  limit,  can  not  incur  corporate  indebtedness 
in  anticipation  of  the  collection  of  taxes  levied;  Fuller  v.  Chicago,  89  111.,  282. 

12.  Warrants  drawn  against  a particular  tax  levied  is  not  the  c.reation  of  a debt; 
Fuller?).  Heath,  89  111.,  296. 

13.  The  taxable  value  of  property  in  a county  under  this  section,  on  which  the 
debt  is  computed,  is  the  assessment  made  by  the  local  assessor,  not  the  valuation  as 
fixed  by  the  state  board  of  equalization;  People  v.  Hamill,  125  111.,  603. 

14.  The  provision  as  to  the  discharge  of  municipal  indebtedness  in  twenty  years,  is 
self  executing;  East  St.  L.  r.  Peo])le,  124  111.,  660. 

15.  This  section  repeals  a clause  of  special  city  charter  which  provides  for  a tax 
collection  not  sufficient  to  pay  the  interest  aud  discharge  the  principal  in  twenty 
years;  East  St.  L.  i\  People,  124  111.,  660. 

16.  The  liability  of  a municipality  of  the  negligence  of  its  authorized  agents  is  not 
within  the  limitation;  Chicago  c.  Sexton,  115  111.,  239. 

17.  The  question  of  a city’s  indebtedness  in  excess  of  the  limitation,  can  not  be 
raised  in  an  action,  against  the  city,  to  recover  for  a personal  injury  resulting  from 
negligence;  Bloomington  v.  Perdue,  99  111.,  329. 

18.  The  question  of  the  power  of  a city  to  incur  debt  can  not  be  raised  to  defeat  a 
street  improvement  by  special  a.ssessment  and  general  taxation,  but  only  when  the 
city  seeks  to  incur  debt;  Jacks.  By.  Co.  v.  Jacksonville,  114  111.,  563. 

19.  A tax  payer  may  enjoin  an  increase  of  a city’s  indebtedness,  already  beyond  the 
limitation  here  placed  thereon,  for  a jjurpose  costing  more  than  is  thereto  appro- 
priated ; Grayville  c.  Gray,  10  App.,  120. 


Kailkoads  and  Wakp:housks. 


12 

20.  A rosidont  and  tax  payer  of  a iminicij)al  corporation  is  entitled  to  an  injunction 
to  prevent  the  incurring  of  a ])rohibited  indebtedness;  VVrigbt  v.  Bisbop, 88  111.,  302; 
{Springfield  v.  J'alwards,  84  111.,  G2G. 


AETTCLE  XL 

§ 4.  Use  of  streets  for  railroads.  No  law  shall  be  passed  by  the 
general  assembly  granting  the  right  to  construct  and  operate  a street 
railroad  witliin  any  city,  town  or  incorporated  village,  without  requir- 
ing tlie  consent  of  the  local  authorities  having  the  control  of  the  street 
or  liighway  proposed  to  be  occupied  by  such  street  railroad. 

1.  Tbe  provision  of  tbis  section  ap^dies  to  borse  railways;  Metr.  C.  Ry.  Co.  v. 
Chicago,  9G  111.,  G20. 


AETICLE  XIII. 

§1.  Public  warehouses.  All  elevators  or  storehouses  where  grain 
or  other  property  is  stored  for  a comyjensation,  whether  the  property 
stored  be  kept  separate  or  not,  are  declared  to  be  public  warehouses. 

§ 2.  Duties  of  warehousemen  in  cities  etc.  The  owner,  lessee 
or  manager  of  each  and  every  public  warehouse  situated  in  any  town 
or  city  of  not  less  than  100,000  inhabitants,  shall  make  weekly  state- 
ments, under  oath,  before  some  officer  to  be  designated  by  law,  and 
keep  the  same  ])osted  in  some  conspicuous  place  in  the  office  of  such 
warehouse,  and  shall  also  file  a copy  for  public  examination  in  such 
])lace  as  sliall  be  designated  by  law,  which  statement  shall  correctly  set 
forth  the  amount  and  grade  of  each  and  every  kind  of  grain  in  such 
warehouse,  together  with  such  other  property  as  may  be  stored  therein, 
and  what  warehouse  receipts  have  been  issued  and  are,  at  the  time  of 
making  such  statement,  outstanding  therefor ; and  shall,  on  the  copy 
posted  in  the  warehouse,  note  daily  such  changes  as  may  be  made  in 
the  quantity  and  grade  of  grain  in  such  warehouse,  and  the  different 
grades  of  grain  shipped  in  separate  lots  shall  not  be  mixed  with  infe- 
I'ior  or  superior  grades  without  the  consent  of  the  owner  or  consignee 
thereof. 

1.  It  is  competent  for  tbe  legislature  to  delegate  to  railroad  and  warehouse  com- 
missioners, tbe  power  to  control  tbe  matter  of  the  inspection  of  grain;  People  v.  Har- 
per, 91  111.,  357. 


SEPAEATE  AETICLE. 

Xo  county,  city,  town,  township  or  other  municipality,  shall  ever  be- 
come subscriber  to  the  capital  stock  of  any  railroad  or  private  corpora- 
tion, or  make  donation  to  or  loan  its  credit  in  aid  of  such  corporation  ; 
Provided,  however,  that  the  adoption  of  this  article  shall  not  be  con- 


Railroad  Aid. 


13 


strued  as  affecting  tlic  right  of  any  sncli  municipality  to  make  sucli 
subscriptions  where  the  same  liave  been  authorized,  under  existing  laws, 
by  a vote  of  the  people  of  such  municipalities  prior  to  such  adoption. 

1.  The  separate  articles  of  the  constitution,  became  a part  of  the  organic  law  of 
the  state  from  and  after  the  2d  day  of  July,  1870,  and  a constituent  part  of  the 
same  eo  instanti;  People  v.  Bishop,  111  111.,  130;  Wade  LaMoille,  112  111.,  84; 
Donagho  v.  Richards,  06  111.,  73;  Schall  v.  Bowman,  62  111.,  321. 

2.  lliis  section  rendered  inoperative  all  prior  laws  which  authorized  the  voting  of 
aid  to  corporations;  Wade  v.  Town  LaMoille,  112  111.,  85. 

3w  Where  a municipal  subscription  to  a railway  company,  made  subsequent  to  the 
adoption  of  this  section,  is  sought  to  be  upheld,  the  burden  of  proof  rests  on  the 
company  to  show,  affirmatively,  that  the  same  had  been  authorized  under  existing 
laws,  by  a vote  of  the  people  of  the  municipality,  prior  to  the  adoption  of  this  provi- 
sion; Jackson  Co.  v.  Brush,  77  111.,  59. 


STATUTES 

RELATING  TO  THE  GOVERNMENT  OF  CITIES  AND  VILLAGES, 


AETICLE  I. 


Of  the  Organization  of  Cities. 


Section. 

1.  How  city  may  adopt  this  act. 

2.  Notice  of  election. 

3.  The  ballots  — result. 

4.  How  towns  may  become  cities. 

5.  Organizing  a city  — petition  — election 

— result. 

G.  Courts  to  take  judicial  notice  of  organi- 
zation etc. 

7.  Election  of  officers. 


Section. 

8.  When  county  judge  to  give  notice  of 

election  etc. 

9.  Term  of  first  officers. 

10.  Corporate  name  — powers. 

11.  Prior  ordinances  etc.  in  force  until  etc. 

12.  Eights  etc.  of  old  corporations  to  vest 

in  new. 

13.  Record  of  result  of  election. 

14.  City  register’s  office  abolished. 


AA  ACT  to  provide  for  tlie  incorporation  of  cities  and  villages. 

[Approved  April  10,  1872.  In  force  July  1,  1872.  L.  1871-2, 

p.  218. 

1.  This  is  a general  — not  a local  or  special  — law,  notwithstanding  there  may  be 
municipal  corporations  to  which  it  does  not  apply;  namely,  such  as  were  in  existence 
at  the  time  of  the  adoption  of  the  constitution  and  have  not,  since,  sought  to  have 
their  charters  altered  or  amended;  Potwiu  v.  Johnson,  108  111.,  73. 

2.  The  object  of  this  statute  is  to  place  all  cities  and  villages,  organized  under  it 
and  of  the  same  grade,  upon  a uniform  and  common  footing  witli  respect  to  their 
corporate  powers  and  the  maimer  of  exercising  them;  Cairo  p.  Bross,  101  111.,  478. 

3.  This  statute  is  to  be  construed  as  an  independent  act,  having  no  reference  to, 
and  being  no  amendment  to  any  particular  charter  granted  to  city  or  village.  It  was 
intended  to  applv  to  all  cities  which  might  adopt  it;  Chi.  P.  & P.  Co.  v.  Chicago,  88 
111.,  221. 

Section  1.  I>e  it  enacted  hy  the  people  of  the  state  of  Illinois^ 
represented  in  the  general  assembly  as  follows : 


ARTICLE  I. 

Of  the  Organization  of  Cities. 

I.  How  city  may  incorporate  under  this  act.]  § 1.  That 

any  city  now  existing  in  this  state  may  become  incorporated  under  this 


Of  the  Organization  of  Cities. 


15 


act  ill  tlie  manner  following:  Whenevei’ onc-oiglith  of  the  legal  voters 

of  such  city,  voting  at  the  last  preceding  iininicipal  election,  shall 
]'>etitioii  the  mayor  and  council  thereof  to  submit  the  question,  as  to 
whether  such  city  shall  become  incorporated  under  this  act,  to  a vote 
of  the  electors  in  such  city,  it  shall  be  the  duty  of  such  mayor  and 
council  to  submit  such  question  to  a vote  of  the  electors  of  said  city  at 
the  next  ensuing  mnnicijial  election  of  said  city  or  at  a special  election, 
and  to  give  the  notice  required  by  law.  [As  amended  by  act  approved 
June  IT,  1887.  In  force  July  1,  1887.  L.  1887,  p.  103. 

1.  See  art.  4,  ^ 0 (§  56). 

2.  The  fact  that  a law  depends  on  some  future  event  or  contingency,  for  its  taking 
effect,  and  that  such  contingency  may  arise  from  the  voluntary  act  of  others  does 
not  render  it  liable  to  the  objection  that  it  is  a delegation  of  legislative  authority  to 
those  on  whose  act  the  taking  effect  of  the  law  depends;  (fuild  v.  Chicago,  83  111., 
473. 

3.  It  is  competent  for  the  legislature  to  pass  a law,  the  ultimate  o})eration  of  which 
may,  by  its  own  terms,  be  made  to  depend  on  some  contingency,  as  u])on  an  affirmative 
vote  by  the  electors  of  a given  district;  Home  Ins.  Co.  v.  Svvigert,  103  111.,  665. 

4.  A city  adopting  the  provisions  of  this  statute  is  governed  l>y  any  amendment 
thereof;  Uuild  v.  Chicago,  83  Hi.,  473. 

5.  A statute  which  depends,  for  its  validity,  on  a vote  of  adoption  by  the  people 
may  bo  amended  by  subsequent  legislation  without  any  vote  of  the  peoide:  Wilcox  v. 
People.  90  111.,  186. 

6.  Municipal  corporations  are  subject,  at  all  times,  to  repeal  or  amendment,  at  the 
l)leasure  of  the  legislature;  Crook  People,  106  111.,  243;  Fox  v.  Kendall,  97  111.,  72; 
People  t\  Brown,  83  111.,  95;  subject,  at  all  times,  to  the  control  of  the  legislature; 
Springfield  v.  Power,  25  111.,  190;  Kichland  Co.  v.  Lawrence  Co.,  13  111.,  1. 

7.  The  legislature  may,  at  will,  divest  cities  of  police  powers  it  has  conferred  and 
itself  resume  their  exercise;  Chicago  Phoenix  Ins.  Co.,  126  111.,  278;  Chicago  v. 
Case,  126  111.,  282  note. 

8.  When  a proper  petition  is  presented  to  the  council  of  a village  incorporated  un- 
der a special  charter,  praying  for  an  election,  the  council  has  no  discretion  to  refuse 
to  call  an  election,  but,  should  act  thereon  at  the  earliest  convenient  moment;  (xleii- 
coe  -r.  People,  78  111.,  382. 

9.  The  conditions  of  a call  for  an  election  must  be  shown  to  have  been  complied 
with;  People  v.  Chapman,  66  111.,  137. 

10.  A petition  presented,  in  due  form,  to  the  mayor  and  council,  was  refused  by 
the  council.  Thereupon  the  mayor  gave  notice  of  an  election,  to  vote  on  the  ques- 
tion of  incorporation  under  this  statute,  fixing  the  time  therefor.  An  election  was 
held  in  accordance  therewith  and  the  result  was  in  favor  of  organization  under  the 
law.  The  returns  were  duly  canvassed  and  the  result  duly  entered.  City  officers 
were  elected.  On  contest  of  their  election  — by  (]Uo  warranto  — it  was  held  that 
their  election  was  void,  inasmuch  as  the  election  to  become  incorporated  under  the 
law  xvas  void,  it  not  being  called  by  the  mayor  and  council;  that  the  mayor  was 
j)owerless  to  appoint  it  in  the  absence  of  affirmative  action  of  the  council.  The 
mayor  and  council,  only,  can  fix  the  time  and  place  for  such  election  and  it  is  essen- 
tial to  the  validity  of  an  election  that  it  be  held  at  the  lime  and  place  as  provided  by 
law.  In  this  case  it  was  held  that  the  error  of  the  proceeding  was  not  cured  by  the 
•act  of  the  council  in  canvassing  the  returns  of  the  election  and,  by  vote,  approving 
of  the  action  of  the  mayor;  Stephens  v.  People,  89  111.,  338. 

11.  A municipal  election  to  determine  the  question  of  incorporation  under  this 
statute  is  not  invalid  for  the  reason  that  the  ordinance  calling  for  such  election  and 
the  notices  thereunder  fail  to  submit,  at  the  same  time,  the  question  of  minority 
representation;  The  statute  (art.  4,  § 6)  provides  for  that ; Chicago  v.  People,  80 

111.,  500. 

2.  Notice  of  election.]  § 2.  The  mayor  of  such  city  shall  at 
least  thirty  days’  notice  of  such  election,  by  publishing  a notice  thereof 
in  one  or  more  newspapers  within  such  city  ; but,  if  no  newspaper  is 


](>  Ol-'  THE  OlUJANIZATION  OF  ClTIES. 

))iiMibli(j(l  tlitTcin,  tluMi  hy  })ostiiig  at  least  five  copies  of  such  notice  in 
eacli  ward. 

1.  S(Jo  notes  10,  11  to  tlio  last  ]>r(;cc(lin^  section. 

2.  A rail  lire  to  state  in  tlie  notice  where  the  election  shall  be  held,  the  places  for 
hol(lin«r  the  (disTion  bein^  in  fact  a])pointed,  will  not  invalidate  the  election ; Cliicai^o 
V.  Peojih;,  80  111.,  500. 

3.  The  ballot— result.]  § ‘1.  The  ballots  to  be  used  at  such  election 

shall  bo  in  the  followiiu^  form:  “ For  city  organization  under  general 

law  ; ” or,  Against  city  organization  under  general  law.’’  The  judges 
of  such  election  shall  make  returns  thereof  to  the  city  council,  whose 
duty  it  shall  be  to  canvass  such  returns  and  cause  the  result  of  such 
canvass  to  be  entered  on  the  records  of  such  city.  If  a majority  of  the 
vmtes  cast  at  such  election  shall  be  for  city  organization  under  general 
law,  such  city  shall  thenceforth  be  deemed  to  be  organized  under  this 
act,  and  the  city  officers  tlien  in  office  shall  thereupon  exercise  the 
powers  conferred  upon  like  officers  in  this  act,  until  their  successors 
shall  be  elected  and  qualified. 

1.  This  section  is  not  repugnant  to  the  constitutional  provision  (art.  4,  ^ 28)  that 
“ no  law  shall  bo  ])assed  which  shall  operate  to  extend  the  term  of  any  public  officer 
after  his  election  or  appointment.”  It  is  true  that  such  officers  may  have  been  elected 
for  a definite  time;  they  were,  also,  elected  to  hold  their  offices  until  their  successors 
should  be  elected  and  qualified;  Crook  ®.  People,  106  111.,  242. 

2.  A majority  of  the  votes  cast  at  an  election  is  sufficient  to  determine  the  question 
submitted;  People  v.  Harp,  67  111.,  62;  M’Whorter  r.  People,  65  111.,  290;  Holcomb  r. 
Davis,  56  111.,  413;  except  where  there  is  a requirement  of  a majority  of  the  legal 
A'oters;  Chestnut  wood  r.  Hood,  68  111.,  132;  People  w.  Chapman,  66  111.,  137;  M’Whor- 
ter V.  People,  65  111.,  290. 

3.  Gross  irregularities  of  judges  of  election,  in  conducting  the  election,  may  be 
cause  for  the  rejection  of  the  return  from  the  ward  in  which  they  were  committed; 
they  can  not  render  an  election  in  a whole  city  void;  Chicago  «.  People,  80  111.,  500. 

31.  Where  an  act  of  the  legislature  is  to  be  submitted  to  a vote  of  the  legal  voters 
of  a designated  district  to  be  affected  thereby,  before  it  shall  become  operative,  if  the 
election  is  illegally  held  in  certain  precincts  containing  a majority  of  the  voters  of 
the  district,  the  act  will  not  be  deemed  to  have  been  properly  submitted  and  the  result 
will  not  be  declared  on  the  votes  legally  cast;  People  v.  Salomon,  46  111.,  415. 

4.  When  the  laAv  provides  a mode  for  contesting  an  election  that  mode  must  be 
followed;  courts  of  equity  have  no  inherent  power  to  try  contested  elections;  Dickev 
■y.  Reed,  78  111.,  262. 

5.  Equity  has  no  power  to  restrain,  by  injunction,  a board  of  canvassers  from  can- 
vassing the  returns  of  an  election,  the  statute  under  which  the  election  was  held  not 
conferring  such  power — in  terms  or  by  implication — and  Avhen  there  aie  no  facts 
before  the  court  requiring  it  to  take  jurisdiction;  Dickey  /;.  Reed,  78  111.,  261. 

6.  The  adoption  of  this  statute,  by  a city  organized  under  a special  charter,  is  an 
abrogation  of  the  special  charter  and  determines  the  tenure  of  all  offices  under  such 
special  charter,  except  such  as  ai’e  Avithin  the  saving  clause;  Crook  r.  Jayne,  106  111., 
242;  People  v.  Brown,  83  111.,  95;  M’Grath  v.  Chicago,  24  App  , 19. 

7.  The  “ officers  in  office  ”,  A\ffio  “shall  exercise  the  powers  conferred  upon  like 
officers”  etc.  are  those  holding,  under  the  special  charter,  Avho  answer  to  the  same 
officers  provideil  for  in  this  statute.  All  other  offices  are  abolished,  eo  instanti,  by  the 
adoption  of  the  general  law;  Crook  ■?).  People,  106  111.,  242.  The  ])rovision,  in  respect 
of  this,  means  that  the  city  officers  elected  at  the  preceding  annual  election  shall 
remain  in  office  until  their  successors  are  elected  and  qualified.  It  does  not  nu  an 
those  Avho  may  have  receiA^ed  the  greatest  number  of  votes  at  the  same  election  by 
AAffiich  this  statute  is  adopted;  Crook  /;.  People,  106  111.,  242. 

8.  On  organizing  under  this  statute  the  city  council  of  Chicago  acquired  the  power 
to  provide  for  the  appointment  of  a city  marshal  and  to  vest  him  Avith  the  entire 
control  of  the  police  force,  and  to  re-organize  the  police  department,  by  ordinance 


Of  the  Organization  of  Cities. 


17 


and  to  give  effect  sucli  ordinance.  The  authority  of  the  hoard  of^  police  ceased; 
but  an  ordinance  abolishing  the  board  was  not  proper;  Sheridan  v.  Colvin,  78  111.,  237. 

9.  Generally,  where  an  office  is  created  by  statute,  it  is  wholly  within  the  control 
of  the  legislature  creating  it.  The  length  of  term  and  mode  of  appointment  may  be 
altered,  at  pleasure,  or  the  office  may  be  abolished  — unless  forbidden  by  the  consti- 
tution; People  V.  Lippincott,  07  111.,  333. 

10.  General  assembly  may  continue  or  create  an  office,  without  an  express  declara- 
tion that  such  office  shall  be  continued  or  created;  if  the  intention  so  to  do  be  mani 
fested  by  requiring  official  acts  to  be  performed  by  such  officer  or  if  provision  is 
made  for  filling  vacancies  in  such  office;  Wood  i\  Blanchard,  19  111.,  38. 

11.  It  is  competent  for  the  legislature  to  repeal  a law  creating  an  office  before 
the  expiration  of  the  term  of  the  incumbent.  After  such  repeal  the  officer  is  entitled 
to  no  further  compensation;  although  his  term  of  office — according  to  the  provisions 
of  the  law,  under  which  he  was  appointed  — has  not  expired;  People  v.  Auditor,  1 
Scam.,  537. 

12.  The  existence  of  a municipal  corporation  can  not  be  questioned  collaterally — 
as  in  a proceeding  to  collect  a fine;  Kettering  v.  Jacksonville,  50  111.,  39;  Tisdale  v. 
Minonk,  46  111.,  9;  Hamilton  v.  Pres’t  etc.,  24  111.,  22;  Pres’t  v.  Thompson,  20  111., 
197. 

13.  The  validity  of  the  organization  of  a city,  under  this  statute,  can  be  determined, 
only,  by  a direct  proceeding;  quo  warranto;  Sheridan  v.  Colvin,  78  111.,  237. 

14.  The  question  of  forfeiture  of  a charter  can  be  raised,  only,  by  direct  i)roceed- 
ing — quo  warranto  or  sci.  fa.;  Whalin  t.  Macomb,  76  111.,  49, 

4.  How  towns  may  become  cities.]  § 4.  Any  incorporated  town 

or  vira^e  in  tliis  state,  having  a population  of  not  less  than  one  thou- 
sand (1,000)  inhabitants,  may  become  incorporated  as  a city  in  like 
manner  as  hereinbefore  provided;  but,  in  all  such  cases  the  president 
and  trustees  of  such  town  or  village  shall,  respectively,  perform  the 
same  duties  relative  to  such  change  of  organization  as  is  above  required 
to  be  performed  by  the  mayor  and  council  of  cities.  [As  amended  by 
act  approved  May  25,  1877.  In  force  July  1,  1877.  L,,  1877,  p.  54. 

5.  Organizing  a city — petition — election— result.]  § 5.  When- 
ever any  area  of  contiguous  territory  in  this  state,  not  exceeding  four 
square  miles,  shall  have  resident  thereon  a population  of  not  less  than 
one  thousand  inhabitants,  which  shall  not  already  he  included  within 
any  incorporated  town  or  city,  the  same  may  become  incorporated  as  a 
city  in  manner  following ; Any  fifty  legal  voters  thereof  may  file  in 
the  office  of  the  clerk  of  the  county  court,  of  the  county  in  which  such 
inhabitants  reside,  a petition,  addressed  to  the  judi^e  of  such  court; 
and,  if  the  territory  described  in  said  petition  shall  be  in  more  than 
one  county,  then  the  petition  shall  be  addressed  to  the  judge  of  the 
court  where  a greater  part  of  such  territory  is  situated;  which  petition 
shall  define  the  boundaries  of  such  proposed  city,  and  state  the  number 
of  inhabitants  residing  within  such  limits,  and  also  state  the  name  of 
such  proposed  city,  and  shall  contain  a prayer  that  the  question  be  sub- 
mitted to  the  legal  voters,  residing  within  such  limits,  whether  they 
will  organize  as  a city  under  this  act.  It  shall  be  the  duty  of  the 
county  judge  to  fix  a time  and  place,  within  the  boundaries  of  such 
proposed  city,  at  wdiich  an  election  may  be  held  to  determine  such 
question  ; and  such  judge  shall  name  the  persons  to  act  as  ' edges  in 
holding  such  election,  and  shall  give  notice  thereof  by  causing  ten 
notices  to  be  posted  in  public  places  within  such  proposed  city.  And 
the  third  section  of  this  article  shall  be  applicable  to  such  election; 

3 


].S 


Ok  the  OiWANizATroN  OF  Cities. 


Provided,  tiiJit  tlie  returns  of  sncli  election  sliall  be  made  to  and  can- 
vassed by  the  county  judge  and  any  two  justices  of  the  peace  wliom 
lie  shall  call  to  his  assistance,  instead  of  the  city  council ; and  the  re- 
sult of  such  election  shall  be  entered  upon  the  records  of  such  county 
court.  If  a majority  of  the  votes  cast  at  such  election  shall  be  “For 
city  organization  under  general  law”,  the  inhabitants  of  such  territory, 
described  in  such  ])ctition,  shall  be  deemed  to  be  incorporated  as  a city, 
undei-  this  act,  ami  with  the  name  stated  in  the  jietition. 

1.  Seo  art.  10,  § 7,  as  to  the  enumeration  of  population. 

2.  See  ^ H of  tliis  article,  as  to  notice  of  election;  in  a certain  contingency. 

0.  In  the  absence  of  constitutional  limitation,  tlie  legislature  has  power  to  create 
municipal  corporations,  as  well  in  regard  to  a town  six  miles  square  as  to  a village 
with  less  Territory;  Laukman  d.  People,  02  111.,  287;  Castle  v.  People,  02  111.,  287; 
Cn'cley  r.  Peo})le,  00  111.,  19. 

6.  Courts  to  take  judicial  notice  of  organization  etc.]  § 6.  All 

courts  in  this  state  shall  take  judicial  notice  of  the  existence  of  all  vil- 
lages and  cities  organized  under  this  act,  and  of  the  change  of  the 
organization  of  any  city  or  town  from  its  original  organization  to  its 
organization  under  this  act ; and  from  the  time  of  such  organization, 
or  change  of  organization,  the  yirovisions  of  this  act  shall  be  applicable 
to  such  cities  and  villages,  and  all  laws  in  conflict  therewith  shall  no 
longer  be  ajiplicable  ; but,  all  laws  or  yiarts  of  laws,  not  inconsistent 
with  the  yirovisions  of  this  act,  shall  continue  in  force  and  applicable  to 
any  such  city  or  village,  the  same  as  if  such  change  of  organization  had 
not  taken  place. 

1.  Courts  are  required  judicially  to  notice  the  fact  of  the  incorporation  of  cities 
and  villages  under  this  chapter  whether  the  city  is  seeking  to  enforce  a municipal 
right  or  is  sought  to  he  held  liable  for  non  performance  of  a corporate  duty;  Rock 
Isl.  Cuinelv,  120  111.,  411. 

2.  Before  tlie  supreme  court  can  take  judicial  cognizance  of  a change  in  the  organi- 
zation of  a city,  or  of  an  original  organization  under  this  statute,  it  must  somewhere, 
in  some  way,  ajipe^ar  in  the  record  that  the  city  or  its  authorities  are  acting  under 
such  law;  Brush  v.  Lemma,  77  111.,  496. 

8.  Until  there  is  an  organization,  by  the  election  and  qualification  of  the  number  of 
persons,  being  the  several  integral  ])arts  of  the  corporation,  required  by  the  act  of 
incorporation,  no  municipal  corporation  is  in  existence;  Ilavnes  r.  Washington  Co., 
19  111.,  66. 

4.  This  section  preserves  all  laws  and  parts  of  laws  not  inconsistent  with  the  gen- 
eral law;  Cairo  v.  Bross,  9 App.,  406. 

5.  This  section  intends  to  keep  in  force,  only,  laws  conferring  the  usual  and  neces- 
sary corporate  powers;  Law  v.  People,  87  111.,  385.  It  does  not  keep  in  force  a charter 
amendment  which  authorizes  the  levy  of  a tax  to  create  a fund  for  the  entertainment 
of  official  visitors;  Law  v.  People,  87  111.,  385. 

6.  In  a change  from  a special  charter  to  the  general  law,  all  laws  and  parts  of  laws 
not  inconsistent  with  the  general  law  are,  by  this  section,  preserved.  The  thing 
saved  must  be  a law  or  a part  of  a law.  If  the  latter  it  must  be  such  a substantive 
member  that,  having  individual  features,  it  can  be  treated  as  a distinct  entity,  capable 
of  being  imported  into  the  new  law  without  marring  its  harmony  or  uniformity; 
Cairo  v.  Bross,  9 App.,  406. 

7.  Where  two  acts  are  seemingly  repugnant  they  should,  if  possible,  he  so  con- 
strued that  the  latest  one  shall  not  operate  to  repeal,  by  implication,  the  one  first 
passed.  A subsequent  law,  which  is  general,  does  not  abrogate  a former  law  which 
is  special;  Ottawa  t.  LaSalle  Co,,  12  111.,  339. 

8.  The  adoption  of  this  statute,  by  a city,  and  the  passage  of  a general  school  law 
do  not  modify  or  impair  any  former  special  laws  authorizing  such  city,  as  a public 
agency,  to  levy  and  collect  taxes  for  school  purposes;  Fuller  v.  Heath,  89  111.,  296. 


On  the  Organization  of  Cities. 


19 


7.  Election  of  officers.]  § 7.  It  shall  be  the  duty  of  the  presi- 

dent and  board  of  trustees  of  any  town  which  shall  have  voted 
to  change  its  organization  to  a citj^  under  this  act,  to  call  and  give  no- 
tice of  an  election  to  elect  city  officers,  and  to  designate  the  time  and 
place  or  places  of  holding  the  same.  Such  notice  shall  be  published  in 
a newspaper,  if  there  be  one  within  the  town,  or  posted  in  ten  public 
])laces,  for  at  least  twenty  days  before  such  election.  Such  president 
and  trustees  shall  appoint  the  judges  and  clerks  to  hold  such  election, 
canvass  the  returns  thereof,  and  cause  the  result  to  be  entered  upon  the 
records  of.  the  town;  and  the  provisions  of  this  act,  relative  to  the 
election  of  city  officers,  shall  be  applicable  thereto ; but,  at  such  elec- 
tion, aldermen  may  lie  elected  on  a general  ticket. 

1.  After  a vote  adopting  this  statute,  it  becomes  the  duty  of  those  officers  ‘‘then 
in  office  ” to  take  steps  to  put  in  operation  a city  government  under  its  provisions,  by 
dividing  the  city  into  the  proper  number  of  wards  and  calling  a special  election. 
Mandamus  will  issue  to  compel  the  fulfillment  of  this  duty,  if  it  be  neglected; 
Crook  i\  People,  106  111.,  242. 

2.  It  was  made  the  duty  of  the  president  and  board  of  trustees  of  a town  to  give,  at 
least,  ten  days’  notice  before  the  expiration  of  their  term  of  office,  of  the  time  and 
place  for  the  election  of  their  successors  in  office.  In  the  case  of  neglect  to  give  such 
notice  before  the  expiration  of  the  term,  the  president  and  board  may,  lawfully,  do 
so  at  a subsequent  time,  as  they  exercise  the  functions  of  their  offices  until  their 
successors  are  elected;  People  v.  Fairbury,  51  111.,  149. 

8.  When  county  judge  to  give  notice  of  election  etc.]  § 8.  In 

case  of  cities  organizing  under  section  live  (5)  of  this  article,  the  county 
judge  shall  call  and  give  notice  of  the  election,  and  perform  the  same 
duties  relative  thereto  as  is  above  required  to  be  performed  by  presi- 
dent and  trustees  or  such  town  and,  in  canvassing  such  returns,  shall 
call  to  his  assistance  two  justices  of  the  peace. 

9.  Term  of  first  officers.]  § 9.  The  city  officers  elected  under  either 
of  the  preceding  sections  shall  hold  their  respective  offices  until  the 
next  succeeding  regular  election  for  such  officers,  respectively,  and  until 
their  successors  are  elected  and  qualified  as  provided  in  this  act. 

10.  Corporate  name — powers.]  § 10.  Cities  organized  under  this  act 
shall  be  bodies  politic  and  corporate,  under  the  name  and  style  of 
“ City  of  (name)”,  and  under  such  name  may  sue  and  be  sued,  contract 
and  be  contracted  with,  acquire  and  hold  real  and  personal  ]iroperty  for 
corporate  purposes,  have  a common  seal,  and  change  the  same  at  pleas- 
ure, and  exercise  all  the  powers  hereinafter  conferred. 

1.  See  Additional  Laws  — Change  of  Name. 

2.  See  art.  5,  ^ 1 65),  for  enumeration  of  special  powers. 

3.  A municipal  corporation  possesses  and  can  exercise  the  following  powers  and 
none  other:  (1)  those  granted  in  express  words;  (2)  those  necessarily  or  fairly  implied 
in  or  incident  to  tlie  powers  expressly  granted;  and  (3),  those  essential  to  the  de- 
clared objects  and  purposes  of  the  corporation  — not  convenient,  but  indispensable. 
Neither  the  corporation  nor  its  officers  can  do  any  act  or  make  any  contract,  or  incur 
any  liability  not  authorized  by  the  statute,  or  charter,  by  which  it  is  created;  Cham- 
paign Harman,  98  111.,  491;  People'?).  Crottv,  93  111.,  180;  Cook  Co.  v.  M’Crea,  93 
111.,  236;  Schott  v.  People,  89  111.,  195. 

34.  Acts  of  common  council  in  excess  of  its  charter  powers  are  nugatory;  Agnew 
V.  Brail,  124  111.,  314. 

4.  Judgment  of  ouster,  against  a village  and  its  trustees,  immediately  dissolves  the 


On  the  Okganization  of  Cities. 


corporation  and  takes  away  all  rights,  liberties,  privileges  and  franchises,  whether 
it  existed  de  jure  or  (h;  facto;  Dodge  o.  Peoiile,  llu  HI.,  4‘JO. 

5.  Dissolution  of  a municipal  corporation  absolutely  revokes  all  power  and  author- 
ity on  the  part  of  others  to  act  in  its  name  or  behalf;  Dodge  v.  People,  118  111.,  497. 

0.  The  jurisdiction  of  a court  in  a ])ending  suit  is  not  affected  by  a change  from 
town  to  city  organization;  Olney  v.  Harvey,  50  HI.,  453. 

7.  A court  of  equity  may  grant  relief  against  a municipal  corporation  in  mo.st  cases. 
There  are,  however,  acts  which  such  a corporation  may  do,  within  the  limits  of  its 
charter,  without  being  subject  to  the  supervision  of  any  court;  Sherlock  v.  Win- 
netka,  59  HI.,  389. 

8.  The  ])owers  conferred  on  municipal  corporate  officers,  in  respect  to  the  corporate 
property,  is  held  by  them  in  trust;  hence,  if  these  powers  be  abused — as  if  corporate 
property  bo  collusively  alienated  — there  is  a breach  of  trust,  of  which  equity  will 
take  cognizance;  Jackson  v.  Norris,  72  111.,  364, 

9.  The  general  statute,  regulating  service  of  process  on  corporations,  does  not 
apply  to  municipal  corporations;  People  v.  Cairo,  50  111.,  154. 

10.  Process,  in  suit  against  a municipal  corporation,  may  be  served  on  the  mayor 
or  other  chief  officer;  People  v.  Cairo,  50  III.,  154. 

11.  The  power  to  sue  and  be  sued,  includes  authority,  in  the  corporation,  to  settle 
or  adjust  claims;  Pres’t  etc.  v.  Mappiii,  14  111.,  193. 

11-i.  City  may  settle  doubtful  and  disputed  claims  against  it  or  in  its  favor;  Agnew 
D.  Brail,  124  111.,  314. 

12.  A municipal  corporation  — unless  disabled  by  positive  law  — can  submit  unset- 
tled claims  to  arbitration,  under  the  same  liability  to  perform  the  award  as  would 
rest  on  a natural  person;  but,  the  exercise  of  such  power  must  be  based  on  ordinance 
or  resolution;  Shawneetown  v.  Baker,  85  111.,  563. 

13.  A municipal  corporation  is  not  liable  to  garnishment,  no  matter  what  may  be 
the  character  of  its  indebtedness;  Merwin  v.  Chicago,  45  111.,  133. 

14.  The  doctrine  of  estoppel  in  pais  applies  to  municipalities;  mere  non  action, 
however,  of  its  officers  will  not  work  such  estoppel;  Logan  Co.  v.  Logan,  81  HI.,  156. 

144.  Municipality  may  be  estopped  by  acts  of  its  officers;  Brail  v.  Agnew,  15  App., 
122;  when  the  corporation  is  actually  in  a i)rivate  — non  governmental  — capacity,  with 
power  to  do  the  act;  Chicago  v.  Sexton,  115  111.,  239. 

15.  As  respects  public  rights,  a municipal  corporation  is  not  within  ordinary  limi- 
tation statutes.  Non  obstante  the  principle  of  an  estoppel  in  pais  is  applicable  in 
such  cases;  C.,  R.  I.  & P.  RK.  Co.  v.  Joliet,  79  111.,  25;  Martel  v.  E.  St.  L.,  94  HI., 
67;  C.  & N.  W.  Ry.  Co.  v.  People,  91  111.,  2ol;  Logan  Co.  v.  Lincoln,  81  111.,  156. 

16.  In  an  action  on  contract  or  for  a tort,  the  statute  of  limitations  may  be  pleaded 
by  or  against  a municipal  corporation;  Sch.  Dir.  v.  Sch.  Dir.,  105  111.,  655. 

17.  Counties — like  individuals — will  be  held  to  their  liabilities;  they  will  not  be 
permitted  to  avoid  them  because  of  unimportant  irregularities  in  the  action  of  their 
officers;  Johnson  v.  Stark  Co.,  24  HI.,  75. 

18.  It  is  error  to  award  execution  on  a judgment  against  a municipal  corporation; 

Morrison  v.  Ilinkson,  87  111.,  587;  Paris  t\  Cracraft,  85  111.,  294;  Kansas  v.  Juntgen, 
84  111.,  360;  Elgin  v.  Eaton,  83  111.,  535;  Bloomington  o.  Brokaw,  77  111.,  194;  Kin- 

mundy  t\  Mahan,  72  111., -462;  Virginia  v.  Fishback,  9 App.,  82;  Cairo  v.  Allen,  3 

App.,  398. 

19.  Execution  can  not  be  issued  against  a municipal  corporation,  on  a judgment  for 
debt  or  damages;  Trustees  v.  Schroeder,  58  III.,  353;  Olney  v.  Harvmy,  50  111.,  452; 
Chicago  V.  Hasley,  25  111.,  595.  Judgment  awarding  execution  against  a city  is  re- 
versed; Hoopston  V.  Morris,  21  App.,  307. 

20.  Corporations  have  all  the  powers  of  ordinary  persons  as  respects  their  con- 
tracts, except  when  they  are  expressly  or  by  neces.sary  implication  restricted;  Galena 

V.  Corwith,  48  111.,  423. 

21.  All  persons  dealing  with  municipal  corporations  must  see  that  they  have  the 
power  to  perform  the  proposed  act;  Law  v.  People,  87  111.,  385. 

22.  A body  corporate  can  act  only  in  the  mode  prescribed  by  the  law  creating  it. 
The  mode  of  authenticating  the  acts  of  a cori)orate  body,  which  uses  a seal,  is  to  affix 
the  seal,  with  a declaration  that  it  is  the  seal  of  the  corporation  and  to  verify  the  act 
by  the  signature  of  the  president  and  secretary,  Kinzie  v.  Chicago,  2 Scam.,  137. 

23.  Where  an  instrument  made  by  a corporation  is  duly  executed,  by  one  having 
authority,  the  seal  affixed  will  be  presumed  to  be  the  proper  seal;  Phillips  v.  Coffee,, 
17  111.,  154. 


Ox  THE  Ohganizatiox  of  Cities. 


21 


21.  Tlio  notion  that  a corporation  can  act  only  under  its  corporate  seal  and  by  its 
president  and  secretary,  has  become  obsolete;  Racine  etc.  Co,  v.  Farm.  L.  & T.  Co., 
49  111.,  331;  I.  C.  RR.  Co.  v.  Johnson,  40  111.,  3o;  Bd.  of  Educ.  v.  Creenbaum,  39  111., 
()09;  N.  Eng.  F.  & M.  Ins.  Co.  v.  Schettler,  38  111.,  1G6. 

25.  Corporations  can  be  bound  by  contracts  made  by  their  agents,  though  not  under 
seal;  so,  also,  on  implied  contracts,  to  be  deduced,  by  inference,  from  corporate  acts, 
without  either  vote  or  deed;  New  Athens  v.  Thomas,  83  III.,  259. 

26.  Functions  to  be  exercised  by  local  public  olficers  can  not,  without  special 
authority  of  law,  be  delegated  to  strangers  with  power  to  act  in  their  stead.  VVhere 
there  is  a personal  trust  reposed  iu  such  officers  there  is  no  authority  of  law  for  dele- 
gating that  trust  to  others;  Jackson  Co.  v.  Brush,  77  III.,  50. 

27.  The  unauthorized  acts  of  municipal  officers  are  regarded  as  the  acts  of  the  cor- 
poration when  they  are  performed  by  that  branch  of  the  municipal  government 
which  is  invested  with  jurisdiction  to  act  for  the  corporation  on  the  subject  to  which, 
the  particular  act  relates;  Chicago  v.  C.  & W.  I.  RR.  Co.,  105  111.,  85. 

28.  Municipal  corporation  may  ratify  unauthorized  contracts  of  its  officers  which 
are  within  its  corporate  powers;  Bruce  v.  Dickey,  116  111.,  531. 

29.  Contracts  of  public  corporations  made,  through  their  officers,  without  authority 
of  law  are  void.  In  an  action  based  on  them  the  corporation  may,  successfully,  in- 
terpo.se  a plea  of  ultra  vires,  setting  up  as  a defense,  its  own  want  of  power  to  enter 
into  the  contract,  under  its  charter;  Springfield  v.  Edwards,  84  111.,  626;  Alton 
..Etna  F.  I.  Co.,  82  111.,  45  ; People  Dupuyt,  71  111.,  651;  INIiller  v.  Goodwin,  70  111., 
659. 

30  A contract  with  the  city  — gas  company’s  — being  voidable  and  having  been 
disaffirmed  by  the  city,  no  action  lies  for  recovery  for  material  and  services  rendered 
a;ter  disaffirmance;  E.  St.  L.  v.  E.  St.  L.  G.  & C.  Co.,  19  App.,  44. 

11.  Prior  ordinances  etc.  in  force  until  etc.]  § 11.  All  ordi- 
nances, resolutions  and  bj-laws  in  force  in  anv  city  or  town,  when  it 
shall  organize  under  this  act,  shall  continue  in  full  force  and  effect 
until  repealed  or  atnended,  notwithstanding  such  change  of  organization ; 
and  the  making  of  such  change  of  organization  shall  not  be  construed 
to  effect  a change  in  the  legal  identity,  as  a corporation,  of  such  city  or 
town. 

1.  The  provision  of  this  section  was  intended  to  continue  in  force  only  such  ordi- 
nances etc.,  adopted  under  a special  charter,  which  might  lawfully'  be  passed  under 
this  statute;  Cairo  v.  Bross,  101  111.,  478. 

2.  So  far  as  the  provisions  of  a prior  charter  or  ordinances  are  substantially  the 
same,  or  not  inconsistent  with  this  statute,  they  are  to  be  continued  in  force.  After 
re-organization  under  this  statute,  by  city  or  village,  any  laws  in  its  special  charter, 
in  conflict  with  the  general  law,  no  longer  apply  to  it;  Cairo  v.  Bross,  101  111.,  478. 

12.  Rights  etc.  of  old  corporations  to  vest  in  new.]  § 12.  All 

rights  and  property  of  every  kind  and  description,  which  were  vested 
in  any  municipal  corporation  under  its  former  organization,  shall  be 
deemed  and  held  to  be  vested  in  the  same  municipal  incorporation 
upon  its  becoming  incorporated  under  the  provisions  of  this  act ; but, 
no  rights  or  liabilities,  either  in  favor  of  or  against  such  corporation, 
e.xisting  at  the  time  of  so  becoming  incorporated  under  this  act,  and  no 
suit  or  prosecution  of  any  kind,  shall  be  affected  by  such  change,  but 
the  same  shall  stand  and  progress  as  if  no  change  had  been  made ; 
Provided,  that  when  a different  remedy  is  .given  by  this  act,  which 
may  properly  be  made  applicable  to  any  right  existing  at  the  time  of 
such  city  so  becoming  incorporated  under  this  act,  the  same  shall  be 
deemed  cumulative  to  the  remedies  before  provided,  and  used  accord- 
iiigly. 


On  TJiii:  OkganjzatjOxN  of  Cities, 


22 

1.  A change  of  organization,  under  this  statute,  is  not  intended  at  all  to  affect  the 
corporate  (ixistence  or  lial)ilities  ; nor  that  its  (ixisting  T>owers  or  government  shall 
he  changed  or  otherwise  alTected,  exce])t  so  far  as  the  provisions  of  this  statute  differ 
from  those!  of  the  old  charter;  Cairo  v.  Bross,  101  111.,  478. 

2.  Corporations,  when  brought  into  existence,  except  so  far  as  may  be  otherwise  pro- 
vided in  th(‘ir  chart<!r.s — or  the  general  law,  which  enters  into  their  charters — become 
liable  to  j)orform  all  the  duties,  to  the  public,  that  may  be  required  of  natural  persons, 
to  the  extent  that  they  are  cai)abl(!  of  their  performance;  in  like  manner  they  are  en- 
titled to  protection  in  their  rights  to  the  same  extent  as  natural  persons;  1.  C.  BR, 
Co.  -y.  Bloomington,  7G  111.,  447. 

3.  'J'he  change  of  a town  to  a city,  during  the  pendency  of  a suit  against  it,  does  not 
affect  the  jurisdiction  of  the  court;  nor  are  its  debts  extinguished  by  such  change. 
The  new  corporation  is  but  a continuation  of  the  old  one.  It  has  merely  changed  its 
machinery  of  government  and  is  still  subject  to  the  liabilities  of  the  old  corporation. 
The  transition  from  one  organization  to  another  does  not  work  a di.s.solution,  or  civil 
death,  of  the  corporation  — so  as  to  alfect  its  indebtedness;  Olney  y.  Harvey,  bO  111  , 
453. 

4.  The  powers  granted  to  municipal  corporations  are  not  vested  rights.  The  char- 
ters of  such  bodies  may  be  amended,  changed  or  repealed  by  the  legislature;  they 
are,  at  all  times,  subject  to  the  law  making  power  of  the  state;  Mt.  Carmel  c.  Wabash 
Co.,  50  111.,  ()9.  iSb)u  obstante,  the  power  of  the  legislature  can  not  be  extended  to 
repeal  the  charter  of  a city,  to  the  diversion  of  property  given  to  the  public  for  one 
use  to  a wholly  different  and  inconsistent  use.  Even  upon  the  re])eal  of  a city’s 
(;harter  the  trust  impressed  upon  a donation — dedication  — to  a special  pur}K>.se 
would  not  c(;ase,  if  the  ])urpose  of  the  donation  can  be  ascertained;  to  the  contrary 
it  will  be  enforced,  for  the  benefit  of  those  to  whose  use  it  was  intended;  Jackson- 
ville V.  Jacks.  By.  Co.,  07  111.,  540. 

13.  Record  of  result  of  election.]  § 13.  The  corporate  authorities  of 
any  city  or  village  which  may  become  organized  under  this  act  shall, 
within  tliree  months  after  organization  hereunder,  cause  to  be  filed  in 
tlie  ollice  of  the  recorder  of  deeds,  in  the  county  in  wdiich  such  city  or 
village  is  situated,  a certified  copy  of  the  entry  made  upon  the  records 
of  the  city,  village  or  county  court,  of  the  canvass  of  the  votes,  show- 
ing the  result  of  such  election,  whereby  such  city  or  village  became  so 
organized  — and  such  recorder  of  deeds  shall  record  the  same.  /\nd 
such  corporate  authorities  shall  also  cause  a like  certificate  to  be  filed 
in  the  office  of  the  secretary  of  state,  who  shall  file  the  same,  and  keep 
a registry  of  cities  and  villages  organized  under  this  act. 

14.  City  register’s  office  abolished.]  § Id.  If  any  city  organized  or 
which  may  hereafter  organize  under  this  act,  sliall  have  had  by  the  terms 
and  provisions  of  its  special  charter  a city  register’s  office  or  otlier  office  in 
which  deeds,  mortgages  or  other  instruments  were  i-equired  or  authorized 
by  law  to  be  recorded  in  lieu  of  recording  the  same  in  the  recorder's  office 
in  the  county  where  said  city  was  situated,  such  city  register’s  office  or 
recorder’s  office  shall  be  discontinued  under  this  act,  and  the  city  regis- 
ter or  recorder  or  other  officer  having  the  custody  of  the  records,  books 
and  papers  pertaining  to  such  city  register  or  recorder's  office,  shall  de- 
posit such  records,  and  books  and  papers  in  the  office  of  the  recorder  of 
deeds  of  the  county  in  whicli  such  city  is  situated,  and  shall  take  the 
receipt  of  the  recorder  of  deeds  therefor,  and  such  records  and  books 
and  papers  shall,  from  thereafter,  be  deemed  and  held  for  all  purposes  a 
part  of  the  records  of  the  recorder’s  office  of  such  county,  and  shall 
have  like  legal  effect  as  if  the  same  liad  been  originally  a part  of  the 
records  of  such  county  recorder’s  office  for  all  purposes  whatsoever, 


Of  the  Mayor. 


and  the  same,  or  certified  transcripts  made  therefrom,  shall  have  like 
force  and  effect  as  evidence  as  other  records  of  said  recorder’s  office. 

1.  Added  by  “ An  act  to  amend  an  act  entitled  ‘ An  act  to  provide  for  the  incorpora- 
tion of  cities  and  villages  ’ [Approved  May  15,  1879.  In  force  July  1, 1879.  L.  1879, 
p.  65. 


AETICLE  II. 


Of  the  Mayor. 


Section. 

1 5.  Mayor  — his  qualifications. 

16.  Vacancy,  one  year  or  more. 

17.  Vacancy,  less  than  one  year. 

18.  iMayor  pro  tern. 

19.  Vacancy  by  removal  from  city. 

20.  Mayor  to  preside — casting  vote. 

21.  When  he  may  remove  officers. 

22.  His  powers  to  keep  the  peace. 

23.  Release  of  prisoners. 


Section. 

24.  General  duties. 

25.  To  examine  records  etc. 

26.  Messages  to  council. 

27.  To  call  out  militia  etc. — riots  etc. 

28.  Misconduct  etc.  of  mayor  or  other 

officer  — penalty. 

29.  Revising  ordinances  after  change  of 

organization. 


15.  Mayor  — his  qualifications.]  § 1.  The  chief  executive  officer 
of  a city  shall  be  a mayor,  who  shall  be  a citizen  of  the  United  States, 
a qualified  elector,  reside  within  tlie  city  limits,  and  hold  his  office  for 
two  years,  and  until  his  successor  is  elected  and  qualified. 

16.  Vacancy  one  year  or  over.]  §2.  Whenever  a vacancy  shall 
happen  in  the  office  of  the  mayor,  when  the  unexpired  term  shall  be 
one  year  or  over  from  the  date  when  the  vacancy  occurs,  it  shall  be 
filled  by  an  election. 

17.  Vacancy  less  than  one  year.]  § 3.  If  the  vacancy  is  less  than 
one  year,  the  city  council  shall  elect  one  of  its  number  to  act  as  mayor, 
who  shall  possess  all  the  rights  and  powers  of  the  mayor  until  the  next 
annual  election,  and  until  his  successor  is  elected  and  qualified. 

1.  The  general  statute  “in  regard  to  elections”  etc.  126),  provides  that  “when- 
ever it  is  alleged  that  a vacancy  in  any  office  exists  the  officer,  court  or  county  board 
whose  duty  it  is  to  fill  the  vacancy  by  appointment,  or  to  order  an  election  to  fill 
such  vacancy,  shall  have  power  to  determine  whether  or  not  the  facts  occasioning 
such  vacancy  exist.” 

18.  Mayor  pro  tern.]  § 4.  During  a temporary  absence  or  disability 
of  the  mayor,  the  city  council  shall  elect  one  of  its  number  to  act  as 
mayor  pro  tern.,  wdio,  during  such  absence  or  disability,  shall  possess 
the  powers  of  mayor, 

19.  Vacancy  by  removal  from  city.]  § 5.  If  the  mayor,  at  any 
time  during  the  term  of  his  office,  shall  remove  from  the  limits  of  the 
city,  his  office  shall  thereby  become  vacant. 

1.  By  the  general  statute,  in  regard  to  elections,  it  is  provided  125)  “ Every 
elective  office  shall  become  vacant  on  the  happening  of  either  of  the  following  events, 
before  the  expiration  of  the  term  of  such  office;  (1)  The  death  of  the  incumbent; 
(2)  His  resignation;  (3)  His  becomina:  insane;  (4)  His  ceasing  to  be  an  inhabitant  of 
the  state;  or,  if  the  office  be  local,  his  ceasing  to  be  an  inhabitant  of  the  district, 
county,  town  or  precinct  for  which  ho  was  elected;  (5)  His  conviction  of  an  infamous 


24 


Of  thk  Mayor. 


criiuo,  or  of  any  olTonse  involvin^^  a violation  of  official  oath;  fG)  His  removal  from 
ollicc;  (7)  His  refusal  or  mjglect  to  take  his  oath  of  office,  or  to  give  or  renew  his 
official  bond,  or  to  deposit  or  file  such  oath  or  bond  within  tlu*  tinu;  prescribed  by  law; 
(8)  The  decision  of  a competent  tribunal  declaring  his  eh;ction  void. 

20.  Mayor  to  preside  — casting  vote.]  § 0.  The  mayor  shall 
])resi(le  at  all  meetings  of  the  city  council,  but  shall  not  vote  except  in 
case  of  a tie,  when  he  shall  give  the  casting  vote. 

1.  The  mayor  is  distinct  from  the  city  council  as  to  the  passage  of  the  appropria- 
tion ordinance;  King  Chicago,  111  HI.,  CG. 

2.  He  is  a imunber  of  the  city  council,  with  a right  to  vote,  on  an  ordinance,  in 
case  of  a tie  vote;  Carrolton  v.  Clark,  21  App.,  74, 

3.  Ordinance  adopted  by  the  casting  vote  of  a mayor  will  sustain  a conviction 
under  it;  Carrolton  v.  Clark,  21  A]ip,,  74. 

21.  When  he  may  remove  officers.]  g 7.  The  mayor  shall  have 
power  to  remove  any  ofhcer  ajtpointed  by  him,  on  any  fortnal  charge, 
whenever  he  shall  be  of  the  opinion  that  the  interests  of  the  city 
demand  such  removal,  but  he  shall  report  the  reasons  for  such  removal 
to  the  council  at  a meeting  to  be  held  not  less  than  five  days  nor  more 
than  ten  days  after  such  removal ; and  if  the  mayor  shall  fail,  or  refuse 
to  file  with  the  city  clerk  a statement  of  the  leasons  for  such  removal, 
or  if  the  council  by  a two-thirds  (2-3)  vote  of  ad  its  members  authorized 
by  law  to  be  elected,  by  yeas  and  nays,  to  be  entered  upon  its  record, 
disappi’ove  of  such  removal,  such  otlicer  shall  thereupon  become 
restored  to  the  office  from  which  lie  was  so  removed ; but  he  shall  give 
new  bonds  and  take  a new  oath  of  office.  Ko  officer  shall  be  removed 
a second  time  for  the  same  offense.  [As  amended  by  act  approved 
May  15,  1879.  In  force  July  1,  1879.  L.  1879,  p.  65. 

22.  His  power  to  keep  the  peace.]  § 8.  He  may  exercise,  within 
the  city  limits,  the  jiowers  conferred  ipxm  sheriffs,  to  suppress  disorder 
and  kee[)  the  peace. 

1.  See  notes  to  art.  G,  § 12,  as  to  the  power  to  suppress  disorder  and  keep  the 
peace. 

2.  In  respect  of  this  power,  it  is  provided  (R.  S.,  1874,  ch.  12o.  §§  17-8)  “ Each  sheriff 
shall  be  conservator  of  the  peace  in  his  county  and  shall  keej)  the  same,  suppress 
riots,  routs,  affrays,  fighting,  breaches  of  the  peace  and  prevent  crime;  and  may 
arrest  offenders  on  view,  and  cause  them  to  be  brought  before  jn-oper  magistrates  for 
trial  or  examination.”  “ To  keep  the  peace,  prevent  crime  ...  he  may  call  to  his 
aid,  when  necessary,  any  person  or  the  power  of  the  county.” 

23.  Release  of  prisoners.]  § 9.  He  may  release  any  person 
imprisoned  for  violation  of  any  city  ordinance,  and  shall  report  such  re- 
lease, with  the  cause  thereof,  to  the  council  at  its  first  session  thereafter. 

24.  General  duties.]  § 10.  He  shall  perform  all  such  duties  as  are 
or  may  be  prescribed  by  law  or  by  the  city  ordinances,  and  shall  take 
care  that  the  laws  and  ordinances  are  faithfully  executed. 

1.  The  mayor  of  a city  has  no  judicial  power;  Beesman  v.  Peoria,  IG  111.,  484. 

2.  Where  a power  is  expressly  conferred,  by  charter,  on  a city  council — as  to  license 
the  sale  of  spirituous  liquors  — such  power  can  not  be  delegated  to  the  mayor  of  the 
city,  by  ordinance;  Kinmuudy  r.  Mahau,  72  111.,  462. 

25.  Power  to  examine  records  etc.]  § 11.  He  shall  have  power 

at  all  times  to  examine  and  inspect  the  books,  records  and  papers  of 
any  agent,  employe  or  officer  of  the  city.  ' 


Of  the  Mayor. 


25 


26.  Messages  to  council.]  § 12.  The  mayor  shall  annually,  and 
from  time  to  time,  give  the  council  information  relative  to  the  affairs 
of  the  city,  and  shall  recommend,  for  their  consideration,  such  measures 
as  he  may  deem  expedient. 

27.  To  call  out  militia  etc. — riots  etc.]  § 13.  He  shall  have 
])Ower,  when  necessary,  to  call  on  every  male  inhabitant  of  the  city 
over  the  age  of  eighteen  years,  to  aid  in  enforcing  the  laws  and  ordi- 
nances, and  to  call  out  the  militia  to  aid  in  suppressing  riots  and  other 
disorderly  conduct,  or  carrying  into  effect  any  law  or  ordinance,  sub- 
ject to  the  authority  of  the  governor  as  commander-in-chief  of  the 
militia. 

28.  Misconduct  etc.  of  mayor  or  other  officer  — penalty.]  § 14. 

In  case  the  mayor  or  any  other  municipal  officer  shall  at  any  time  be 
guilty  of  a palpable  omission  of  duty,  or  shall  wilfully  and  corruptly 
be  guilty  of  oppression,  malconduct  or  misfeasance  in  the  discharge  of 
the  duties  of  his  office,  he  shall  be  liable  to  indictment  in  any  court  of 
competent  jurisdiction,  and,  on  conviction,  shall  be  fined  in  a sum  not 
exceeding  |l,000  ; and  the  court  in  which  such  convicion  shall  be  had 
shall  enter  an  order  removing  such  officer  fi’om  office. 

1.  The  criminal  code,  further,  provides  (R.  S.,  1874,  ch.  38,  div.  1,^208)  that  “every 
person  holding  any  public  office  (whether  state,  county  or  municipal),  trust  or  employ- 
ment, wiio  shall  be  guilty  of  any  palpable  omission  of  duty,  or  who  shall  be  guilty  of 
diverting  any  public  money  from  the  use  or  purpose  for  which  it  may  have  been  appro- 
priated or  set  apart  by  or  under  authority  of  law,  or  who  shall  be  guilty  of  con- 
tracting, directly  or  indirectly,  for  the  expenditure  of  a greater  sum  or  amount  of 
money  than  may  have  been,  at  the  time  of  making  the  contracts,  appropriated  or  set 
apart  by  law  or  authorized  by  law  to  be  contracted  for  or  expended  upon  the  subject 
matter  of  the  contracts,  or  who  shall  be  guilty  of  wilful  and  corrupt  oppression, 
malfeasance  or  -partiality,  where  no  special  provision  has  been  made  for  the  pun- 
ishment thereof,  shall  be  fined  not  exceeding  $10,000  and  may  be  remov’ed  from  his 
office,  trust  or  employment.” 

2Q.  Revising  ordinances  after  change  of  organization.]  § 15. 

He  may  appoint,  by  and  with  the  advice  and  consent  of  the  city  coun- 
cil, immediately  after  such  change  of  organization,  one  or  more  com- 
petent persons  to  prepare  and  submit  to  the  city  council,  for  their 
adoption  or  rejection,  an  ordinance  in  revision  of  tlie  ordinances  of 
such  city,  and  for  the  government  of  such  city  ; the  compensation  of 
such  reviser  or  revisers  to  be  determined  and  fixed  by  the  city  council 
and  paid  out  of  the  city  treasury. 

4 


26 


Of  TiiK  Crj'v  Co  unci  i. 


AiriUCLC  Hi. 

Of  the  City  Council. 


Section. 

30.  C'ouncil  — how  composed. 

31.  Number  of  aldormeu. 

32.  'Perm  of  ollice  of  aldermen. 

33.  Vacancy. 

34.  Qualification  of  aldermen. 

3o.  Council  judge  of  election  and  (qualifi- 
cation of  members. 

3().  Rules  — expulsion  — bribery. 

37.  Quorum  — compelling  attendance. 

38.  Meetings. 

39.  Chairman  pro  teni. 


Se(  tion. 

40.  Oj)en  doors. 

41.  Journal  shall  be  kept. 

42.  V(;as  and  nays  — record  — vot?  re- 

<1  Hired, 

43.  Rescission  of  vote. 

44.  When  report  laid  over. 

45.  Territorial  jurisdiction. 

45a.  Jurisdiction  to  enforce  ordinance. 

46.  Special  meetings. 

47.  Ordinances  — approval--  veto, 

48  Reconsideration  — passing  ov^r  veto. 


30.  Council  — how  composed.]  §1.  The  city  couricli  shall  consist 
of  tlie  mayor  and  aldermen. 

1.  The  mayor  is  a member  of  the  city  council,  with  aright  to  vote,  on  an  ordinance, 
in  case  of  a tic  vote.  An  ordinance  adopted  by  his  casting  vote  will  sustain  a con- 
viction under  it;  Carrolton  v.  Clark,  21  App.,  74. 

2.  The  mayor  is  distinct  from  the  council  as  to  the  passage  of  the  appropriation 
ordinance  (see  art.  7,  § 2);  King  y.  Chicago,  21  App.,  74. 

31.  Number  of  aldermen.]  § 2.  The  number  of  aldermen,  when 
not  elected  by  the  minority  representation  plan,  shall  be  as  follows : 
III  cities  not  exceeding  3,000  inhabitants,  six  aldermen  ; exceeding 
3,000,  but  not  exceeding  5,000,  eight  aldermen;  exceeding  5,000 
and  not  exceeding  10,000,  ten  aldermen;  exceeding  10,000  and 
not  exceeding  30,000,  fourteen  aldermen;  and  two  additional  aldermen 
for  every  20,000  inhabitants  over  30,000.  Provided,  however,  that  in 
cities  of  over  350,000  inhabitants  there  shall  be  elected  forty-eight 
aldermen  and  no  more,  unless  additional  territory  shall  be  annexed  to 
such  city,  after  such  city  shall  have  been  divided  into  wards  on  the 
basis  of  forty-eight  aldermen,  in  which  case  and  as  often  as  new  terri- 
tory shall  be  annexed  to  such  city,  as  aforesaid,  containing  three  or 
more  square  miles  of  terrritoiy  or  15,000  inhabitants  and  not  exceed- 
ing 25,000  inhabitants,  such  annexed  territory  shall  constitute  a ward 
of  such  city,  and  the  city  council  of  such  city  shall  authorize  the  legal 
voters  of  such  annexed  territory  to  elect  two  aldermen  from  such 
ward,  in  such  annexed  territory,  which  said  aldermen  in  such  annexed 
territory  shall  be  additional  to  said  forty-eight  aldermen,  and  who 
shall  possess  all  the  qualifications  of  and  be  elected  at  the  time  and  in 
the  manner  provided  in  the  said  act.  of  which  this  is  an  amendment: 
Provided,  that  if  said  annexed  territory  shall  contain  more  than  25,000 
inhabitants,  then  the  city  council  shall  authorize  the  legal  voters  of 
such  annexed  territory  to  elect  two  aldermen  for  every  25,000  in- 
liabitants  thereof,  and  two  additional  aldermen  for  every  fraction  of 
15,000  inhabitants  or  more,  the  number  of  inhabitants  to  be  determined 
by  the  last  preceding  national,  state  or  sehool  census  of  such  annexed 
territory.  And  if  any  such  annexed  territory  has  less  than  15,000  in- 
habitants, and  less  than  three  square  miles  in  extent,  then  the  city 


Of  the  City  Council. 


27 


council  shall  annex  it  to  any  ward  or  wards  which  it  adjoins:  Pro- 
vided, furtlier,  that  when  the  number  of  aldermen  in  any  such  city 
shall  reach  seventy  by  reason  of  such  annexed  territory,  the  eity  coun- 
vided,  further,  that  wdien  the  number  of  aldermen  in  any  such  city 
shall  reach  seventy  liy  reason  of  such  annexed  ten*itory,  the  city  coun- 
cil shall  re-district  said  city  into  thirty-five  new  wards  and  no  more; 
and  when  said  number  of  aldermen  shall  reach  seventy,  if  any  new 
territory  is  thereafter  annexed  which  shall  contain  25,000  inhabitants 
or  more,  as  determined  by  the  last  preceding  national,  state,  school  or 
other  census  authorized  by  law  to  be  taken,  then  said  city  council  shall 
re-district  said  city  into  thirty-five  wards:  Provided,  further,  that 

wlienever  after  such  new  territory  shall  have  been  annexed,  as  afore- 
said, said  city  shall  be  re-districted,  the  number  of  wards  at  the  time 
said  city  is  so  re-districted  shall  be  preserved,  and  the  city  council 
thereof  may,  in  its  discretion,  change  the  boundary  between  such  new 
ward  and  the  original  territory  of  the  city,  and  make  said  new  ward 
larger  or  smaller,  to  comply  with  the  requirements  of  said  act  as  to 
compactness  and  equality  of  inhabitants : And,  provided,  further,  if  it 

shall  appear  from  any  census  heretofore  or  hereafter  taken,  that  any 
city  has  the  requisite  number  of  inhabitants  to  authorize  it  to  in- 
crease the  number  of  aldermen,  it  shall  be  the  duty  of  the  city 
council  thereof  to  proceed  without  delay  and  re-district  such  city 
in  accordance  with  the  ])rovisions  hereof,  and  to  call  and  hold  its  next 
city  election  in  accordance  with  such  new  re-districting:  Provided, 

that  at  such  election  the  aldermen  who  hold  over  shall  be  considered 
aldermen  for  the  new  wards  respectively  in  which  their  residence  shall 
be,  unless  there  shall  be  two  or  more  aldermen  who  hold  over  in  the 
same  ward  under  this  proviso,  then,  in  such  case,  it  shall  be  determined 
by  lot  in  presence  of  the  city  council  in  such  manner  as  they  shall  di- 
rect, which  aldermen  shall  hold  over  for  such  ward.  [As  amended  by 
act  approved  and  in  force  June  4,  1SS9.  L.  1889,  p.  78. 

1.  See  art.  4,  ^ 7,  as  to  the  quota  of  aldermeu  under  the  minority  plan  of  elec- 
tion. 

32.  Term  of  office.]  § 3.  Aldermen  shall  hold  their  office  for  the 
term  of  two  years,  and  until  their  successors  are  elected  and  (pialitied. 

33.  Vacancy.]  § 4.  If  any  vacancy  shall  occur  in  the  office  of 
alderman  by  death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  tilled  by  election. 

34.  Qualifications  of  aldermen.]  § 5.  No  person  shall  be  eligible 
to  the  office  of  alderman  unless  he  shall  be  a qualified  elector,  and  re- 
side within  the  Avard  for  which  he  is  elected,  nor  shall  he  be  eligible  if 
he  is  in  arrears  in  the  payment  of  any  tax  or  other  liability  due  to  the 
city;  nor  shall  he  be  directly  or  indirectly  interested  in  any  contract 
whatever  to  which  the  city  is  a party ; nor  shall  he  be  eligible  if  he 
shall  have  been  convicted  of  malfeasance,  bribery  or  other  corrupt  ])rac- 
tices  or  crimes;  nor  shall  he  be  eligible  to  any  office,  the  salary  of  which 
is  payable  out  of  the  city  treasury,  if  at  the  time  of  his  appointment  he 
shall  be  a member  of  the  city  council ; nor  shall  any  member  of  the 
city  council  at  the  same  time  hold  any  other  office  under  the  city  gov- 
ernment; nor  shall  he  be  either  directly  or  indirectly,  individually,  or 
as  a member  of  a firm,  engaged  in  any  business  transaction  (other  than 


28 


Of  tiif  Ci'i’v  CoFN’ciL. 


oflicial)  which  sucli  city,  tlirough  its  mayor  or  any  of  its  authorized 
])oar(ls,  agents  or  attorneys,  wliereby  any  money  is  to  be  paid,  directly 
or  indirectly,  out  of  the  city  treasury  to  such  member  or  firm. 

1.  S(M‘  art.  t),  § 7,  and  note.s,  as  to  tlin  matter  of  an  officer’s  interest  in  contracts. 

2.  d'his  s(iction,  as  to  the  (jiialificatioris  of  aldermen  of  c.ties,  is  not  applied  to  vil- 
la^^e  trustees  by  section  h of  article  11;  People  v.  Hamilton,  24  App.,  009. 

8.  Tlie  inelig-ibility,  “ if  be  shall  have  been  convicted  of  malfeasance,  bribery  or 
other  corrupt  ])ractic(*s  or  crimes”,  should  be  limited  to  convictions  under  the  laws 
of  the  state.  A conviction  in  a federal  court,  of  an  offense  created  by  act  of  congress, 
does  not  disqualify  under  this  section;  Hildreth  v.  Heath,  1 App.,  82, 

4.  One  of  the  modes  by  which  a member  or  officer  of  a municipal  corporation  may 
be  said  to  impliedly  resign  his  office  is  by  being  elected  and  accepting  an  office  in- 
compatible with  the  duties  of  the  former  office;  People  v.  Hanifan,  96  111.,  420, 

35.  Council  judge  of  election  and  qualification  of  its  members.] 

§ b.  The  city  council  shall  be  judge  of  the  election  and  cpialifi cation  of 
its  own  members. 

1.  Circuit  court,  in  chancery,  has  no  jurisdiction  of  a contest  of  election  of  a city 
mayor;  Jennings  Joyce,  116  HI.,  179. 

2.  The  city  council  of  East  8t.  Louis  has  exclusive  jurisdiction  of  a contested  elec- 
tion for  membership  thereof;  Keating  v.  Stack,  116  111.,  191. 

36.  Rules  — expulsion  — bribery.]  § 7.  It  shall  determine  its  own 
rules  of  proceeding;  punish  its  members  for  disorderly  conduct  and, 
with  the  concurrence  of  two-thirds  of  the  aldermen  elect,  may  expel  a 
member;  but  not  a second  time  for  the  same  offense  : Provided,  that 
any  alderman  or  councilman  who  shall  have  been  convicted  of  bribery 
shall  thereby  be  deemed  to  have  vacated  his  office. 

37.  Quorum  — compelling  attendance.]  §8.  A majority  of  the 
aldermen  elect  shall  constitute  a quorum  to  do  business,  but  a smaller 
number  may  adjourn,  from  time  to  time;  and  may  compel  the  attend- 
ance of  absentees ; under  such  penalties  as  may  be  prescribed  by  ordi- 
nance. 

1.  City  council  of  eight  members;  a (piorum — or  all — present;  a majority  of  those 
who  do  vote  elect  an  officer;  although  a majority  of  all  refuse  to  vote;  Launtz  v. 
People,  113  111.,  142. 

2.  The  mayor  having  a right  to  vote  in  case  of  a tie  vote;  four  of  eight  councilmen 
vote  “aye”;  four  — being  present  — refuse  to  vote;  the  mayor  has  the  casting  vote; 
Launtz  r.  People,  113  HI.,  142;  Sullivan  v.  People,  18  App.,  627. 

3.  Where  a number  of  persons  are  intrusted  with  powers  in  matters  of  public  con- 
cern  and  all  of  them  are  assembled  and  consulting,  a majority  may  act  and  determine, 
if  their  authority  be  not  otherwise  limited  and  restricted.  The  majority  having 
acted  the  others  will  be  presumed  to  have  been  present  and  consulting;  Comm’rs  etc. 
V.  Baumgarten,  41  111.,  255, 

38.  Meetings.]  § 9.  The  city  council  may  prescribe,  by  ordinance, 
the  times  and  places  of  the  meeting  thereof,  and  the  manner  in  which 
special  meetings  thereof  may  be  called. 

39.  Chairman  pro  tern.]  § 10.  It  may  elect  a tem])orary  chairman 
in  the  absence  of  the  mayor. 

40.  Open  doors.]  § 11.  It  shall  sit  with  open  doors. 

41.  Journal  shall  be  kept.]  § 12.  It  shall  keep  a journal  of  its  own 
proceedings. 

1.  The  same  legislature  which  pfis^ed  a law  may  correct  its  journals  at  the  same, 
or  a subsequent,  session,  to  make  the  truth  appear;  Turley  v.  Logan  Co.,  17  111.,  151. 

42.  Yeas  and  Nays— record — vote  required.]  §13.  The  yeas 
and  nays  shall  be  taken  upon  the  passage  of  all  ordinances,  and  on  all 


Of  the  City  Council. 


29 


propositions  to  create  any  liability  against  tlie  city,  or  for  tlie  expendi- 
ture or  appropriation  of  its  money,  and  in  all  other  cases  at  the  request 
of  any  member,  which  shall  be  entered  on  the  journal  of  its  proceed- 
ings; and  tlie  concurrence  of  a majority  of  all  the  members  eleijted  in 
the  city  council  shall  be  necessary  to  the  passage  of  any  such  ordinance 
or  proposition;  Pi’ovided,  it  shall  require  two-thirds  of  all  the  aldermen 
elect  to  sell  any  city  or  school  property. 

1.  The  burden  is  on  one  who  controverts  the  passage  of  an  ordinance  for  local  im- 
provement on  vote  by  aye  and  nay  ; Lindsay  v.  Chicago,  llo  111.,  121. 

2.  A majority,  only,  of  all  the  members  of  city  council  is  recpiired  to  grant  the 
privilege  of  laying  a railroad  track  in  a street;  Chi.  D.  & C.  Co.  v.  Carritv,  llo  111., 
161. 

3.  Ordinance  adopted  by  less  than  a charter  majority  of  council  is  void;  St.  L.,  A. 
& T.  H.  Kli.  Co.  V.  Belleville,  20  App.,  580. 

43-  Not  to  rescihd  vote  at  special  meeting,  unless  etc.J  § 14. 

No  vote  of  the  city  council  shall  be  reconsidered  or  rescinded  at  a 
special  meeting,  unless  at  such  special  meeting  there  be  present  as  large 
a number  of  aldermen  as  were  present  when  such  vote  was  taken. 

1.  The  council  may  ratify  acts  done  at  a prior  meeting;  Shawneetovvn  c.  Baker,  85 
111.,  563. 

44.  When  report  laid  over’.]  § 15.  Any  report  of  a committee  of 
the  council  shall  be  deferred,  for  final  action  tliereon,  to  the  next  regu- 
lar meetins:  of  the  same  after  the  report  is  made,  upon  the  request  of 
any  two  aldermen  present. 

45.  Territorial  jurisdiction.]  §16.  The  city  council  and  board  of 
trustees  shall  also  have  jurisdiction  in  and  over  all  places  within  one- 
half  mile  of  the  city  or  village  limits,  for  the  purpose  of  enforcing 
health  and  quarantine  ordinances  and  regulations  thereof. 

1.  See  art.  5,  ^ 10,  as  to  jurisdiction  over  waters. 

2.  See  art.  6,  § 12,  as  to  jurisdiction  of  police. 

3.  See  art.  10,  § 2,  as  to  jurisdiction  for  water  supply. 

An  act  to  define  the  jurisdiction  of  cities  and  incorporated  towns  and 

villages  lying  in  different  counties.  [Ap})roved  June  18,  1891.  L. 
1891,  p.  79. 

45a.  Jurisdiction  to  enforce  ordinances— extends  to  limits.] 

§ 1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois^  represented  in  the 
general  assembly:  That  cities  and  incorporated  towns  and  villages  which 
are  now  or  which  may  hereafter  be  incorporated  or  extended  in  to  dif- 
ferent counties,  shall  have  the  right  to  extend  and  enforce  their  ordi- 
nances over  the  entire  territory  embraced  within  the  limits  of  such 
cities,  incorporated  towns  or  villages,  for  all  municipal  ])urposes. 

45b.  Jurisdiction  as  to  land  suits  and  taxation.]  § 2.  That 
whenever  any  provision  is  made  by  the  statutes  of  this  state  that  any  suit 
or  proceeding  affecting  lands  or  the  assessment  of  taxes  shall  be  com- 
menced by  any  city,  incorporated  town  or  village  in  any  court  of  the 
county  wherein  such  city,  incorporated  town  or  village  is  situate,  it  shall 
be  held  and  construed  to  mean  in  the  county  wherein  the  lands  to  be 
affected  and  upon  which  the  taxes  are  assessed  or  to  be  assessed  and 
collected  are  situate. 

46.  Special  Meetings.]  § 17.  The  mayor  or  any  three  aldermen 
may  call  special  meetings  of  the  council. 


h’lucr'i’iONS. 


:!() 

47-  Ordinances  — approval  — veto.]  § 18.  All  ordinances  passed 
by  the  city  council  shall,  before  they  lake  elfect,  be  deposited  in  the 
otli(re  of  the  city  clerk  ; and  if  the  mayor  approves  thereof,  lie  shall 
si<»;n  the  same,  and  such  as  he  shall  not  apjirove  he'  shall  return  to  the 
council,  with  his  objections  thereto,  in  writing,  at  the  next  regular 
nuHiting  of  the  council  occurring  not  less  than  five  days  after  the  passage 
thereof.  Such  veto  may  extend  to  any  one  or  more  items  or  appro- 
ju  iations  contained  in  any  ordinance  making  an  a])j)ro])riation,  or  to 
the  entire  ordinance  ; and  in  case  the  veto  only  extends  to  a part  of 
sucli  ordinance,  the  residue  thereof  shall  take  effect  and  be  in  force. 
But,  in  case  the  mayor  shall  fail  to  return  any  ordinance,  with  his  ob- 
jections thereto,  by  the  time  aforesaid,  he  shall  be  deemed  to  have 
apjiroved  such  ordinance,  and  the  same  shall  take  effect  accordingly. 

1.  Power  to  pass  an  ordinance  over  a veto  includes  power  to  pass  it  in  part;  King 
Chicago,  111  111.,  G8. 

2.  Passed  and  vetoed  and  re-passed  after  a time  fixed  by  statute  is  deemed  passed 
within  such  time  ; King  v.  Chicago,  111  111.,  (57,  foll’g  Fairfield  v.  People,  94  111.,  245. 

0.  Ordinance  ])ioperly  enacted,  courts  will  not  enjoin  their  enforcement  in  appro- 
priate courts  on  allegation  of  their  illegality  or  of  the  innocence  of  a party  charged 
with  violation;  Poycr  DesPlaines,  123  III.,  114;  S.  C.,  20  App.,  30. 

4.  An  ordinance  passed  and  accepted  by  a corporation  to  act  under  it  creates  a con- 
tract which  the  common  council  can  not  change;  People  v.  Chi.  W.  1).  Ry.  Co.,  18 
App.,  127;  nor  affect  by  re])eal;  Metrop.  Gas  Co.  r.  Hyde  Park,  27  A})p.,  361. 

5.  A city  is  not  estopped  by  acts  or  promises  of  a council  coinmittee  or  city  attor- 
nev,  known  to  be  powerless  as  to  the  act  sought  to  be  affected  bv  estoppel;  St.  L.,  A. 
& T.  ir.  RR.  Co.  7'.  Hoyt,  122  111.,  382. 

6.  Before  a party  can  be  convicted,  on  a charge  of  violation  of  a municipal  ordi- 
nance, it  must  be  shown,  by  proper  proof,  that  the  provisions  of  the  charter  have 
been  complied  with  in  adopting  it;  Trustees  etc.  r.  Lefier,  23  111.,  90. 

48.  Reconsideration  — passing  over  veto.]  § 19.  Upon  the  re- 
turn of  any  ordinance  by  the  mayor,  the  vote  by  which  the  same  was 
passed  shall  be  reconsidered  by  the  council ; and  if,  after  such  recon- 
sideration, two-thirds  of  all  the  members  elected  to  the  city  council 
shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall  go  into  effect, 
notwithstanding  the  mayor  may  refuse  to  a]:>prove  thereof.  The  vote 
to  pass  the  same  over  the  mayor’s  veto  shall  be  taken  by  yeas  and  nays, 
and  entered  on  the  journal. 

1.  Power  to  pass  an  ordinance  over  a veto  includes  power  to  pa.ss  it  in  part  — to 
adhere  in  part;  King  v.  Chicago.  Ill  111..  68. 

AimCLE  IV. 

Elkctioxs. 

1.  See  Additional  Laws  — Electtoxs 
Section. 

49.  Annual  election. 

50.  Elections  in  cities  and  villages  includ 

ing  a township. 

51.  Time  of  opening  and  closing  polls. 

52.  Election  of  mayor  etc. 

53.  Who  entitled  to  vole. 

54.  Wards. 

55.  Aldermen  at  first  election  — qualified 

56.  Minority  representation. 

57.  Aldermen  under  minority  plan. 


Section. 

58.  Aldermen  when  minority  plan  not 

adopted. 

59.  Place  of  election  — notice. 

60.  Manner  of  conducting  elections  etc. 

61.  Result  — tie  vote. 

62.  Notice  to  persons  electert  or  ap- 

pointed. 

63.  When  no  quorum  in  office  — s})ecial 

election. 

64.  Special  elections. 


49.  Annual  election.]  § 1.  A general  election  for  city  officers  shall 
be  held  on  the  third  Tuesday  of  April,  of  each  year  ; Provided,  that  in 
cities  which  include  wholly  within  their  corporate  limits  a town  or 


Eli:ction-s. 


<) 

f) 


towns,  such  elections  sliall  l)e  lield  on  tlie  first  Tuesday  of  A])ril.  | As 
amended  by  act  approved  and  in  force  Marcli  9,  1877.  L.  1877,  ]).  54. 

An  act  relating  to  elections,  and  to  fix  tlie  time  for  holding  the  same  in 

cities  having  the  same  territory  as  an  organized  township.  [Approved 

May  C),  1879.  In  force  *Tidy  1,  1879.  L.  1879,  p.  G9. 

50.  Elections  in  cities  and  villages  including  a township.] 
§ 1.  Hereafter  the  regular  charter  election  for  the  election  of  city  officers 
of  any  city  having  the  same  territory  as  an  organized  township,  shah 
take  place  on  the  same  day  ])rovided  by  law  for  the  township  election, 
to-wit : on  the  first  Tuesday  of  April,  any  thing  in  the  charter  of  such 
city  to  the  contrary  notwithstanding,  and  such  charter  and  township 
elections  may  he  conducted  in  all  resj)ects  as  provided  in  and  by  an  act 
entitled  ‘‘An  act  to  amend  section  seven  (7)  of  article  seven  of  an  act 
entitled  ‘ An  act  to  revise  the  law  in  relation  to  township  organiza- 
tion ’ ”,  approved  and  in  force  March  four,  eighteen  hundred  and  sev- 
enty-four ; approved  and  in  force  March  nine,  eighteen  hundred  and 
seventy-seven  ; Provided,  that  this  act  shall  not  be  so  construed  as  to 
require  any  city  to  hold  its  charter  election  oftener  than  its  charter  may 
prescribe. 

1.  When  the  members  of  a corporation  are  directed  to  be  annually  elected,  the 

words  are  directory  only;  they  do  not  take  away  the  power,  incidental  in  the  corpo- 
ration, to  elect  afterward,  when  such  annual  day  has  for  some  cause  — free  from  de- 
sign or  fraud  — been  passed  by;  People  v.  Fairbury,  51  111.,  149;  Coles  Co.  v.  Allison, 
23  111.,  437.  ■ “ . 

2.  A public  corporation  - such  as  a county  or  city  — is  not  dissolved  by  reason  of 
the  neglect  of  the  inhabitants  or  corporators  to  elect  officers;  People  v.  Wrenn,  4 
Scam.,  269;  nor  because,  at  its  organization,  persons,  not  eligible,  were  elected  trus- 
tees; Pres’t  etc.  v.  Thompson,  20  111.,  197. 

3.  Under  the  general  law  for  the  incorporation  of  towns  (R.  S.,  1845,  ch.  25)  it  was 
held  that  if  the  trustees  neglected  to  giye  due  notice  of  the  time  and  place  for  the 
election  of  their  successors  in  office,  they  might,  lawfully,  do  so  at  a subsequent  time, 
in  the  exercise  of  the  functions  of  their  office  until  their  successors  be  elected;  Peo- 
ple V.  Fairbury,  51  111.,  149. 

4.  The  statute  referred  to,  in  the  aboye  section  50,  provides  as  follows:  “ § 7. 
The  town  shall  supply  a suitable  ballot  box  or  boxes  to  be  kept  and  used  in  like  man- 
ner as  ballot  boxes  in  other  elections.  In  incorporated  towns,  or  incorporated  villages, 
whose  limits  are  co-extensive  with  the  limits  of  a town;  or  in  any  organized  town 
where  the  number  of  voters  at  the  last  preceding  general  election  exceeded  three 
hundred,  the  county  board  may  require  one  or  more  additional  ballot  boxes  and  places 
for  the  reception  of  votes  to  be  provided,  which  places  shall  'be  selected  with  refer- 
ence to  the  convenience  of  the  electors  of  the  town,  and  shall  designate  at  which  of 
said  polling  places  the  town  clerk  shall  act  as  clerk  of  the  election;  and  such  polling 
place,  when  so  designated,  shall  be  the  place  of  transacting  the  miscellaneous  bu.si- 
ness  of  the  town.  And,  when  several  places  are  so  i)rovided,  the  electors  present 
shall  choose  from  their  number  one  assistant  moderator  and  one  assistant  clerk,  for 
each  additional  ballot  box,  to  receive  the  votes  therein,  who  shall  take  the  same  oath 
and  be  subject  to  the  same  penalties  as  the  moderator  and  shall  be  under  the  direc- 
tion of  the  moderator  and  clerk.  At  the  closing  of  the  polls  all  the  said  ballot  boxes 
shall  be  brought  together  at  the  polling  places  where  the  town  clerk  acts  as  clerk  of 
the  election,  and  the  votes  shall  be  canvassed  at  the  same  time  and  in  the  same  man- 
ner, and  return  thereof  made  the  same  as  if  all  the  votes  had  been  cast  in  the  same 
ballot  box.  When  there  shall  be  more  than  one  polling  place  designated  in  such 
towns,  the  general  meeting  for  the  transaction  of  business  shall  be  held  at  the  time 
hereafter  mentioned  at  the  polling  place  where  the  town  clerk  acts  as  clerk  of  the 
town  election;  or  if  there  be  no  town  clerk,  then  at  such  place  as  shall  be  designated  by 
the  county  clerk.  And  it  shall  be  the  duty  of  the  town  clerk,  or  if  there  be  no  town 


Klkctions. 


clerk,  it  shall  he  the  duty  of  iho  county  clerk  to  post  up  in  tliree  of  the  most  public 
phie(is  in  the;  town,  a notice  of  each  of  the  phu  es  in  the  town  where  the  county  board 
have  dir(M*ted  and  re(piir(>d  the  election  to  Ixi  held:  Provided,  how(;ver,  that  in  towns 
which  lie  wholly  within  the  limits  of  Jin  incorporated  city,  and  in  any  town  whose 
t(M‘ritorial  limits  ai’e  co-ext(msive  with  the  territorial  limits  of  any  incorporated  city, 
village  or  incor])oi-ated  town,  tlu^  cotnmon  council  of  such  city,  or  the  board  of  Irus- 
te(!S  of  such  village  or  incoi])orated  town,  shall  divide  such  towns  into  election  pre- 
cincts, and  designate  the  voting  })Iaces  in  each  j^recinct;  and  any  elector  in  such  towns 
shall  IxMuititled  to  vote  for  town  otiicersonly  in  the  precinct  in  which  he  may  reside. 
'I'he  common  council  of  such  city,  or  the  board  of  trustees  of  such  village  or  incor- 
])orat(*d  town,  shall  also  ap]>oint  tliree  judges  of  election  for  each  of  such  precincts, 
who  may  be  the  same  iiersons  as  are  a])})ointed  as  judges  for  an  election  for  city  or 
village  otiicers  held  on  the  same  day.  Such  judges  of  election  may  choose  two 
clerks  of  (declion  for  (‘ach  precinct,  and  such  judges  and  clerks  shall  take  the  oath  of 
otlico  now  jirescribed  by  the  general  election  law  of  the  state.  I'lie  ballots  cast  at 
such  election  for  town  officers  shall  be  deposited  in  a separate  ballot  box,  and  shall  be 
counted  and  canvassed  by  the  judges  of  election  separately  from  any  other  ballots 
that  may  be  cast  at  any  other  election  that  may  be  held  on  the  same  day.  Said  judges 
of  election  shall  cause  to  be  kept  a separate  i)oll  list  which  shall  contain  the  names 
of  all  ])(u-sons  voting  at  such  election  for  town  officers,  togetlier  with  their  residence. 
And,  immediately  upon  closing  the  polls  they  shall  canvass  the  votes  polled  in  the 
manner  ])rovided  by  the  general  election  laws  of  the  state,  and  make  a written  state- 
ment or  certificate  of  the  number  of  votes  cast  at  such  election  for  each  person  voted 
for,  and  the  office  for  which  such  ])ersou  received  such  votes;  and  shall,  within  forty- 
eight  hours  thereafter,  cause  such  certificate  and  the  poll  list,  together  with  the 
ballots  cast  at  such  election,  to  be  separately  sealed  up  and  transmitted  to  the  clerk 
of  the  town,  fi'he  supervisor,  together  with  the  assessor  and  collector  shall,  within 
five  days  thereafter,  meet  and  canvass  said  returns  and  declare  the  result  of  said 
election.  The  town  meetings  to  be  held  in  such  towns  for  the  transaction  of  town 
business,  as  now  provided  by  law,  shall  be  held  at  two  o’clock  in  the  afternoon  of 
said  day  at  such  voting  place  in  such  town  as  the  common  council  of  such  city,  or 
the  board  of  trustees  of  such  village  or  incorporated  town,  may  designate;  at  which 
meeting  a moderator  shall  be  chosen  to  preside  by  the  electors  present,  and  the  town 
clerk  shall  act  as  clerk  of  said  meeting,  and  keep  a record  of  the  pi’oceedings  thereof.” 

All  act  to  ])i’Ovi(lo  for  the  time  of  opening  and  closing  tlie  polls  during 

elections  of  cities,  towns  and  villages  in  this  state.  [Approved  May 
21),  1870.  Ill  force  July  1,  1879.  L.  1879,  p.  70. 

51.  Time  of  opening  and  closing  polls.]  § 1.  In  all  city,  town 
or  village  elections,  in  this  state,  the  polls  shall  remain  open  from  eight 
(8)  o’clock,  A.  M.,  until  seven  (7)  o’clock,  p.  m.,  any  law  in  any  special 
charter  to  the  contrary  notwithstanding. 

52.  Election  of  mayor,  city  clerk,  attorney  and  treasurer.] 
§ 2.  At  the  general  election  held  in  1877,  and  biennially  thereafter,  a 
mayor,  a city  "clerk,  a city  attorney,  and  a city  treasurer  shall  be  elected 
in  each  city";  Provided,  that  no  person  shall  be  elected  to  the  office  of 
city  treasurer  for  two  terms  in  succession.  [As  amended  by  act  ap- 
proved and  in  force  March  2d,  1877.  L.  1877,  p.  od. 

1.  Circuit  court  has  no  jurisdiction  — in  chancery  — of  a contested  election  of  tho 
office  of  mayor;  .Jennings  v.  Joyce,  110  111.,  179. 

53.  Who  entitled  to  vote.]  §3.  All  persons  entitled  to  vote  at  any 
general  election  for  state  officers  within  any  city  or  village,  having 
resided  therein  thirty  days  next  preceding  thereto,  may  vote  at  any 
election  for  city  or  village  officers. 

1.  See  constitution,  art.  7,  ^ 1;  ante,  p.  7. 

2.  The  provision  of  the  general  law.  as  to  the  qualifications  of  voters,  is  as  follows: 
“ § 65.  Every  person  having  resided  in  this  state  one  year,  in  the  county  ninety  days,. 


Elections. 


and  in  the  election  district  thirty  days  next  preceding  any  election  therein,  who  was 
an  elector  in  this  state  on  the  first  day  of  April,  in  tlie  year  of  our  Lord  1848,  or  ob- 
tained a certificate  of  naturalization  before  any  court  of  record  in  this  state  prior  to 
the  first  day  of  January,  in  the  year  of  our  Lord  1870,  or  who  shall  be  a male  citizen 
of  the  United  States,  above  the  age  of  twenty-one  years,  shall  be  entitled  to  vote  at 
such  election. 

“ 66.  A permanent  abode  is  necessary  to  constitute  a residence  within  the  mean- 

ing of  the  preceding  section.” 

An  act  to  prevent  illegal  voting  by  paupers  and  others  in  this  state.  [Approved 
May  25,  1877.  In  force  July  1,  1877.  L.  1877,  ]).  144. 

“^1.  No  pauper  or  inmate  of  any  county  poor  house,  insane  asylum  or  hospital 
in  this  state,  shall,  by  virtue  of  his  abode  at  such  county  poor  house,  insane  asylum 
or  hospital,  be  deemed  a resident  or  legal  voter  in  the  town,  city,  village  or  election 
district  or  precinct  in  which  such  poor  house,  insane  asylum  or  hospital  may  be 
situated;  but  every  such  person  shall  be  deemed  a resident  of  the  town,  city,  village 
or  election  district  or  precinct  in  wdiich  he  resided  next  prior  to  becoming  an  inmate 
of  such  county  poor  house,  insane  asylum  or  hospital.” 

An  act  to  enable  inmates  of  soldiers  and  sailors’  homes,  within  the  state  of 
Illinois,  to  vote  at  elections.  [Approved  June  16,  1887.  In  force  July  1,  1887.  L. 
1887.  p.  172. 

“§1.  Every  honorably  discharged  soldier  or  sailor  Avho  shall  have  been  an 
inmate  of  any  soldiers  and  sailors’  home  within  the  state  of  Illinois  for  ninety  days 
or  longer,  and  who  shall  have  been  a citizen  of  the  United  States  and  resided  in  this 
state  one  year,  in  the  county  where  any  such  home  is  located  ninety  days,  and  in  the 
election  district  thirty  days  next  preceding  any  election,  shall  be  entitled  to  vote  in  the 
election  district  in  which  any  such  soldiers  and  sailors’  home,  in  which  he  is  an  in- 
mate thereof,  as  aforesaid,  is  located,  for  all  officers  that  now  are  or  hereafter  may  be 
elected  by  tht;  people,  and  upon  all  questions  that  may  be  submitted  to  the  vote  of 
the  people;  Provided,  that  he  shall  declare  upon  oath,  if  required  so  to  do  by  any 
officer  of  election  in  said  district,  that  it  was  his  l)ona  fide  intention  at  the  time  he 
entered  said  home  to  become  a resident  thereof. 

3.  “Person”,  in  a legislative  act,  where  “ persons”  are  spoken  of,  means  a natural 
person;  Betts  v.  Menard,  Breese,  395. 

4.  Persons  under  legal  restraint  and  persons  insane  are  incapable  of  gaining  or 
losing  a residence;  Franklin  Co.  v.  Heniy  Co.,  25  App.,  193. 

5.  Under  graduates  of  a college,  wffio  are  free  from  parental  control  and  regard  the 
place  where  the  college  is  situated  as  their  home,  having  no  other  to  which  to  return 
in  the  event  of  sickness  or  domestic  affliction,  are  as  much  entitled  to  vote  as  any 
other  resident  of  the  town  pursuing  his  usual  avocation;  Dale  r.  Irwin,  78  111., 
170. 

6.  One  who  leaves  this  state,  without  any  setted  intention  of  acquiring  a residence 
elsewhere  — but,  only  with  a conditional  intention  of  so  doing  — does  not  lose  his 
residence  here  so  long  as  that  intention  remains  conditional;  Beardstown  i\  Virginia, 
81  111.,  541;  Wilkins  r.  Marshall,  80  111.,  74. 

7.  The  constitutional  provision  does  not  provide  that  all  persons  who,  at  any  time, 
became  electors  by  virtue  of  the  constitution  of  1848,  shall  be  entitled  to  vote,  or 
that  every  person  who  was  or  became  an  elector  under  that  constitution,  shall  be  so 
entitled.  It  only'  authorizes  those  persons  to  vote  who  were  electors  on  the  first  day 
of  April,  1848.  Aliens  who  were  minors  on  that  day  were  not  electors  and  conse- 
quently, are  not  entitled  to  vote;  Beardstown  r,  Virginia,  76  111.,  34. 

54.  Wards.]  § 4.  The  city  council  of  any  city  in  this  state,  whether 
organized  under  this  act  or  under  any  special  law  of  this  state,  may, 
from  time  to  time,  divide  the  city  into  one-half  as  many  wards  as 
the  total  number  of  aldermen  to  which  the  city  is  entitled  ; and  one 
alderman  shall,  annually,  be  elected  in  and  for  each  ward,  to  hold  his 
office  for  two  years,  and  until  his  successor  is  elected  and  qualified.  In 
the  formation  of  wards  the  population  of  each  sliall  be  as  nearly  equal 
and  the  ward  shall  be  as  compact  and  contiguous  territory  as  practi- 
cable. [As  amended  June  17,  1887.  L.  1887,  p.  11b. 

5 


;’)4 


Elections. 


55.  Aldermen  at  first  election  — classified.]  § 5.  At  the  first 
eh'ction  imder  this  act,  tliere  sliall  bo  elected  the  full  iiuirdier  of  alder- 
men to  which  the  city  shall  be  entitled.  At  the  first  meeting  of  the 
city  council  after  such  election,  the  aldermen  elected  shall  be  divided, 
by  lot,  into  two  classes:  those  of  the  first  class  shall  continue  in  office 
foj-  one  year,  and  those  of  the  second  for  two  years.  And,  upon  any 
increase  of  the  number  of  aldermen,  at  their  first  election,  one-half 
shall  he  elected  for  one  year,  and  one-half  for  two  years. 

56.  Minority  representation.]  § 6.  Whenever  this  act  shall  he 

submitted  to  the  (qualified  electors  of  any  city  for  adoption,  there  shall 
be  submitted  at  the  same  time,  for  adoption  or  rejection,  the  question 
of  minority  representation  in  the  city  council  or  legislative  authority 
of  such  city.  At  the  said  election  the  ballots  shall  be  in  the  following 
form  : “ For  minority  representation  in  the  city  council  ”,  or  “Against 

minority  re])reseutation  in  the  city  council  And,  at  any  subsequent 
time,  on  petition  of  the  legal  voters  equal  in  numbei'  to  one-eighth  the 
number  of  legal  votes  cast  at  the  next  preceding  general  city  election,  the 
city  council  shall  cause  the  question  of  minority  representation  to  be 
submitted  to  the  legal  voters  of  said  city,  and  the  ballots  sliall  be  in 
form  as  provided  in  this  section  ; Provided,  that  no  such  question  of 
re])resentation  shall  be  submitted  more  than  once  in  every  two  years. 
The  judges  of  such  elections  shall  make  returns  thereof  to  the  city 
council,  wliose  duty  it  shall  be  to  canvass  such  returns,  and  to  cause  the 
i*esult  of  such  canvass  to  be  entered  on  the  records  of  such  city.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  “For  equal  repre- 
sentation in  the  city  council”,  then  the  members  of  the  city  council  or 
legislative  authority  of  such  city  shall  be  thereafter  elected  in  the  follow- 
ing manner  : The  council  or  legislative  authority  of  such  city,  at  least  one 
month  before  the  general  election  in  the  year  in  which  this  act  shall 
take  effect  in  such  city,  shall  apportion  such  city,  by  dividing  the 
population  thereof,  as  ascertained  by  the  last  federal  census,  by  any 
number  not  less  than  two  nor  more  than  six,  and  the  quotient  shall  be 
the  ratio  of  representation  in  the  city  council.  Districts  shall  be  formed 
of  contiguous  and  compact  territory,  and  contain,  as  nearl}"  as  practi- 
cable, an  equal  number  of  inhabitants;  And,  provided,  further,  that 
where  said  council  or  legislative  authority  of  such  city  have  not  fixed  a 
ratio  of  ]*epresentation  and  formed  the  districts  or  wards  at  the  time 
above  specified,  the  same  may  be  done  by  any  subsequent  board  of 
aldermen  , but  all  official  acts  heretofore  done,  and  ordinances  hereto- 
fore passed  by  any  board  of  aldermen  elected  at  large  by  the  legal 
electors  of  any  such  city  on  the  minority  representation  plan,  shall  be 
held  and  taken  by  all  courts  in  this  state  to  be  of  as  much  validity  and 
binding  force  as  if  they  had  been  elected  from  wards  or  districts.  [As 
amended  by  an  act  approved  and  in  force  April  11,  1883.  L.  1883, 
p.  56. 

1.  This  section  provides  for  the  submission  of  the  question  of  the  adoption  of 
minority  representation.  No  ordinance  of  the  city  council  is  necessary  for  that  pur- 
pose; Chicago  V.  People,  80  111.,  496. 


Elections. 


35 


2.  An  election,  in  a city,  to  determine  the  question  of  incorporation  under  this 
statute,  is  not  invalid  by  reason  of  the  failure  of  the  city  authorities  to  provide,  in 
the  ordinance  calling’  such  election,  to  submit  at  the  same  time  the  question  of 
minority  representation;  Chicago  v.  People,  80  111.,  400. 

57.  Aldermen  under  minority  plan.]  § 7.  Eveiy  such  district 
sliall  be  entitled  to  three  aldermen,  who  shall  hold  their  office  for  two 
years,  and  until  their  successors  shall  be  elected  and  qualified.  At  the 
lirst  general  election  for  mayor  after  the  passage  of  this  act,  and  every 
two  years  thereafter,  there  shall  be  elected  in  each  ward  as  many  aider- 
men  as  such  ward  shall  be  entitled  to;  Provided,  that  aldermen  elected 
under  this  act,  in  wards  wherein  aldermen  were  elected  for  two  years 
at  the  last  ])revious  annual  election,  shall  not  take  their  seats  as  such 
until  the  terms  of  the  aldermen  last  aforesaid  shall  expire.  Vacancies 
shall  be  filled  at  an  election  to  be  held  by  the  voters  of  the  district  in 
which  such  vacancies  shall  occur,  at  the  time  to  be  designated  by  the 
city  council.  In  all  elections  for  aldermen,  aforesaid,  each  qualified 
voter  may  cast  as  many  votes  as  there  are  aldermen  to  be  elected  in  his 
district,  or  may  distribute  the  same,  or  equal  parts  thereof,  among  the 
candidates,  as  he  shall  see  fit,  and  the  candidate  highest  in  votes  shall 
be  declared  elected,  [^s  amended  hy  act  approved  and  in  force  April 
11,  1883.  L.  1883,  p.  57. 

58.  Aldermen  when  minority  plan  not  adopted.]  § 8.  If  a 

majority  of  the  votes  cast  at  such  election  shall  be  “ Against  minority 
representation  in  the  city  council  ”,  the  preceding  section  shall  be  null 
and  void,  so  far  as  it  relates  to  such  city  at  such  election,  and  the  aider- 
men  of  such  city  shall  be  elected  as  otherwise  provided  for  in  this  act. 

59.  Place  of  election  — notice.]  §9.  The  city  council  shall  desig- 
nate the  place  or  places  in  which  the  election  shall  be  held,  and  appoint 
the  judges  and  clerks  thereof,  and  cause  notice  to  be  printed  in  some 
newspaper  published  in  such  city,  if  there  be  one,  or  posted  at  each 
voting  place  in  such  city,  of  the  time,  places  of  election,  and  of  the 
officers  to  be  elected,  for  at  least  twenty  days  prior  to  such  election. 

60.  Manner  of  conducting  elections  etc.]  § 10.  The  manner  of 
conducting  and  voting  at  elections  to  be  held  under  this  act  and  con- 
testing the  same,  the  keeping  of  poll  lists  and  canvassing  the  votes, 
shall  be  the  same,  as  nearly  as  may  be,  as  in  the  case  of  the  election  of 
county  officers,  under  the  general  laws  of  this  state.  The  judges  of 
election  shall  appoint  clerks,  when  necessary  to  fill  vacancies,  and  the 
judges  and  clerks  shall  take  the  same  oath  and  have  the  same  powers 
and  authority  as  the  judges  and  clerks  of  general  state  elections.  After 
the  closing  of  the  polls,  the  ballots  shall  bo  counted  and  the  returns 
made  out  and  returned,  under  seal,  to  the  city  or  village  clerk,  as  the 
case  may  be,  within  two  days  after  the  election;  and,  thereupon,  the 
city  council  or  board  of  trustees,  as  the  case  may  be,  shall  examine  and 
canvass  the  same  and  declare  the  result  of  the  election,  and  cause  a 
statement  thereof  to  be  entered  upon  its  journals. 

1.  See  Rev.  Stats.,  1874,  cli.  46,  “Elections”,  46-64,  as  to  the  manner  of  con- 
ducting elections;  Additional  Laws — Elections,  post.  ’ 


EuX’TIONS. 


2.  Soo  liov.  Stilts.,  1874,  rli.  40,  “Elections”,  §§  94-123,  as  to  the  contesting  of 
elections;  Additional  Laws  — Klkctions,  j)ost. 

3.  This  section,  as  to  the  riuiniremoiit  that  elections  thereunder  shall  bo  conducted 
and  contested,  so  lujarly  as  may  be,  iis  in  the  case  of  county  officers,  applies,  only,  to 
siudi  cities  iuid  vilhiijes  as  have  adopted  this  statute  and  organized  thereunder;  Brush 
V.  Lemma,  77  111.,  490. 

4.  3'he  county  court  has  jurisdiction  to  liear  iiiid  determine  contested  elections  of 
mayors  of  cities  organized  under  this  statute.  Tbe  city  council  has  no  such  jurisdic- 
tion; Winter  t'.  Thistlewocnl,  101  111.,  453. 

61.  Result  — tie.  I §11-  The  jtersou  naving  tlie  iiigliest  number  of 
votes,  for  any  olHce,  sliall  be  declared  elected.  In  case  of  a tie  in  the 
election  of  any  city  or  village  officer,  it  shall  be  determined  by  lot,  in 
presence  of  the  city  council  or  board  of  trustees,  in  such  manner  as  they 
shall  direct,  which  candidate  or  candidates  shall  hold  the  office. 

62.  Notice  to  persons  elected  or  appointed.]  § 12.  It  shall  be 
the  duty  of  the  village  or  city  clerk,  within  five  days  after  the  result  of 
the  election  is  declared  or  appointment  made,  to  notify  all  persons 
elected  or  appointed  to  office  of  their  election  or  a]>pointment,  and 
unless  such  persons  shall  respectively  qualify  in  ten  days  after  such 
notice,  the  office  shall  become  vacant. 

1.  Where  one  was  elected  a justice  of  the  peace  and,  within  the  time  limited,  filed 
his  official  bond  in  compliance  with  the  statute,  except  that  the  condition  thereof 
omitted  to  recite  the  requirement:  “and  that  he  will  well  and  truly  perform  all  and 
every  act  and  duty  enjoined  on  him  by  the  laws  of  this  state,  to  the  best  of  his  skill 
and  abilities  ” ; and,  after  the  expiration  of  the  time  limited,  in  which  to  qualify,  filed 
a new  bond,  containing  the  provision  omitted  to  be  stated  in  the  first,  it  was  held 
that  the  first  bond  was  insufficient,  that  the  second  was  not  filed  in  apt  time  and, 
therefore,  that  the  office  was  vacant;  People  -y.  Parcells,  3 Gilm.,  59. 

2.  Failure  to  give  bond  within  a time  prescribed  by  a city  charter  is  but  a cause  of 
forfeiture  of  office;  the  council  waives  the  forfeiture  by  subsequent  approval  of  the 
bond;  Launtz  v.  People,  113  111.,  144. 

3.  Statute  requiring  oath  and  bond  filed  within  a time  prescribed  applies  only  to 
one  to  whom  certificate  of  election  has  been  given;  Farwell  y.  Adams,  112  111.,  60. 

4.  Election  contested.  Sufficient  if  contestant  qualifies  within  the  same  time  after 
judgment  in  his  favor  as  prescribed  for  making  oath  etc.  to  entitle  him  to  the  fees 
etc.  of  the  office  received  by  the  unsuccessful  party;  Fainvell  y.  Adams,  112  111.,  60. 

5.  The  fact  that  one  lawfully  elected  to  a municipal  office  takes  the  oath  and  files 
his  official  bond  is  not,  ipso  facto,  a vacation  of  a prior  valid  appointment  to  the 
same  office.  If  he  did  not  accept  the  office  under  the  void  election,  no  thing  prevents 
him  from  continuing  to  act  under  the  previous  valid  appointment,  until  his  successor 
is  duly  elected  and  qualified.  Xor  is  he,  by  such  acts,  estopped  from  averring  that 
he  did  not  accept  the  office  and  enter  on  the  duties  conferred  by  the  void  election; 
Forristal  i\  Peoide,  3 App.,  470. 

6.  Officers  elected  on  the  proper  day,  refusing  to  qualify,  become  officers  de  facto; 
their  acts  are  valid  as  to  third  persons,  and  can  not  be  collaterally  attacked;  Coles  Co. 
V.  Allison,  23  111.,  437. 

63.  When  no  quorum  in  office  — special  election.]  § 13.  If,  for 

any  cause,  there  shall  not  be  a quorum  in  office  of  the  city  council  or 
board  of  trustees,  the  mayor,  clerk,  or  any  alderman  or  trustee,  as  the 
case  may  be,  may  appoint  the  time  and  place  for  holding  a special  elec- 
tion to  supply  such  vacancy  and  give  notice  and  appoint  the  judges 
thereof. 

64.  Special  elections.]  § 14.  If  there  is  a failure  to  elect  any  of- 
licer  herein  required  to  be  elected,  or  the  person  elected  should  fail  to 
qualify,  the  city  council  or  board  of  trustees  may  fortliwith  order  a new 


Powers  of  the  City  Council. 


37 


election  therefor;  and  in  all  cases,  wiien  necessary  for  the  ])urposes  of 
this  act,  may  call  special  elections,  appoint  jndi];es  and  clerks  thereof, 
canvass  the  returns  thereof,  and  provide  by  ordinance  for  tlie  mode  of 
conducting  the  same ; and  shall  give  notice  of  such  special  elections,  in 
which  shall  be  stated  the  questions  to  he  voted  upon,  and  cause  such 
notices  to  be  published  or  posted  for  the  same  length  of  time  and  in 
the  same  manner  as  is  required  in  the  case  of  regular  annual  elections 
in  such  cities  or  villages. 

1.  This  section  confers,  on  the  city  council,  the  power  to  call  a special  election  in 
all  cases  when  necessary,  for  the  purposes  of  the  statute;  under  which  the  city  has 
been  re-incorporated.  The  power  does  not  depend  on  the  fact  of  a failure  to  elect 
officers  on  the  day  appointed  by  the  statute  (see  art.  4,  §§  1,  2);  Crook  v.  People,  106 
111.,  242. 

2.  Special  election  and  general  election  held  on  the  same  day,  ballots  in  separate 
boxes  but  polls  closed  simultaneously.  It  can  not  be  said  that  either  question  was 
first  decided;  People  v.  Town  Bishop,  111  111.,  133. 


ARTICLE  Y. 

Powers  of  the  City  Council. 


Section. 

65.  Special  powers  of  the  council. 

66.  Style  of  ordinance. 

67.  Publication  of  ordinance  — when  in 

force. 

68.  Proof  of  ordinance. 

69.  Actions  to  enforce  fines  and  penalties 

— how  brought. 

70.  Fines  and  licenses — paid  to  treasurer. 

71.  Summons  — affidavit  — punishment. 


Section. 

72.  Jurisdiction  of  justices  of  the  peace. 

73.  Jurisdiction  of  justices  and  police 

magistrates. 

74.  Constable  or  sheriff  may  serve  process 

etc. 

75.  Jurisdiction  over  waters — street  labor. 

76.  Jurisdiction  over  the  Ohio  river. 

77.  Jurisdiction  on  river  boundaries  for 

police  purposes. 


65.  Special  powers  of  the  council.]  § 1.  The  city  council  in  cities 
and  the  board  of  trustees  in  villages  shall  have  the  following  powers : 

1.  A corporation  can  exercise  only  such  powers  as  are  conferred  on  it  by  the  act 
creating  it;  Trustees  etc.  v.  M’Connell,  12  111.,  138;  such  as  are  expressly  conferred 
bv  charter  or  are  necessary  to  carry  into  effect  powers  granted;  Pres’t  etc.  v.  Map- 
pin,  14111.,  193. 

2.  A corporation  derives  all  its  powers  from  the  statute  and  is  capable  of  exerting  its 
faculties  onlv  in  the  manner  therebv  authorized;  Metrop.  Bk.  v.  Godfrey,  23  111., 
602. 

3.  Municipal  corporations  can  only  exercise  such  powers  as  are  conferred  on  them 
b}’ their  charters;  all  persons  dealing  with  them  must  see  that  they  have  the  power  to 
do  the  proposed  act;  Law  v.  People,  87  111.,  385. 

4.  The  powers  granted  to  municipal  corporations  are  not  vested  rights;  their  char- 
ters mav  be  amended,  changed  or  repealed  bv  the  legislature;  Mt.  Carmel  v.  Wabash 
Co.,  70  ill.,  69. 

5.  Any  acts  a city  council  may  assume  to  perform  not  fairly  within  the  powers  con- 
ferred on  it  by  statute  are  void;  Alton  v.  JEtna  Ins.  Co.,  82  111.,  45. 

6.  A grant,  in  terms  or  by  necessary  implication,  must  be  shown  for  all  the  powers 
a municipal  corporation  attempts  to  exercise;  Sherlock  d.  Winnetka,  68  111.  530;  Bis- 
sell  V.  Kankakee,  64  111.,  249;  Mix  r.  Boss,  57  111.,  121. 

7.  All  powers  possessed  are  held  in  trust  for  the  people  of  the  municipality  and 
for  the  public  generally.  The  governmental  and  administrative  powers,  other  than 


38 


Powers  of  the  City  Council 


those  coulemid  by  statutory  or  eonstitutional  enactment — which  are  self  executing, 
can  only  be  exercised  l>y  ai)])ropriate  ordinances;  Zanone  Mound  C.,  103  111.* 
555. 

First  — To  control  the  finances  and  property  of  the  corporation. 

1.  A city,  as  an  incorporation,  can  only  bind  itself  for  the  payment  of  money,  for 
Jabor  p(!rformed  for  its  benefit,  by  ordinance  or  by  re.solution;  or  it  might,  by  either 
of  these  modes,  authori/,e  its  officers  or  agents  to  make  such  contracts;  Alton  v 
Mulledy,  21  III.,  70. 

2.  The  usual  manner  in  which  a city  etc.  speaks,  acts  or  binds  itself  for  the  pay- 
ment of  money  is  by  ordinance  or  resolution,  adopted  by  its  common  council;  Athens 
'C.  Thomas,  82  111.,  259. 

3.  City  council  may  compromise  a case  in  judgment  — not  final  — and  accept  a sum 
less  than  the  face  of  the  judgment  and  bind  the  city  by  the  settlement;  Agnew  v. 
Brail,  124  111.,  314. 

4.  City  may  settle  doubtful  and  disputed  claims  against  it  or  in  its  favor;  Agnew  t;. 
Brail,  124  111.,  314. 

5.  See  Additional  Laws — Sale  of  Pkoi’EUTY. 

Second  — To  appropriate  money,  for  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  of  the'  corporation. 

“Corporate  purposes”;  a tax  for  “corporate  purposes”  is  for  that  which  will  pro- 
mote the  general  ])rosperity  and  welfare  of  the  municipality  which  levies  it;  Taylor 

Thompson,  42  111.,  9;  Livingston  Co.  c.  Weider,  04  111.,  427;  Chi.,  D.  & V.  HR.  Co. 
V.  Smith,  62  111.,  268. 

Third  — To  levy  and  collect  taxes  for  general  and  special  purposes 
on  real  and  personal  ])roperty. 

1.  See  art.  7,  p;  2;  as  to  appropriation  bill. 

2.  See  art.  10,  § 3;  and  Additional  Laws — Water  Works;  as  to  taxation  for  water 
supply. 

3.  When  a municipal  corporation  claims  the  right,  by  taxation  or  otherwise,  to 
divest  individuals  of  their  property  without  their  consent,  it  must  show,  as  warrant, 
a grant  of  power,  in  terms  or  by  necessary  implication;  Sherlock  v.  \Vinnetka,  68 
111.,  530;  Mix  x.  Ross,  57  111.,  121. 

4.  A municipal  corporation  may  levy  a tax  to  pay  the  expense  of  collection  and  to 
meet  deficiencies  likely  to  occur,  over  and  above  the  sum  actually  required  to  pay  its 
debts  etc.  When  this  is  done,  by  the  corporate  authorities,  in  the  fair  and  honest 
exercise  of  the  discretion  vested  in  them,  the  courts  will  not  interfere;  Hyde  Park  v. 
Inplls,  87  111.,  11. 

5.  The  element  of  uniformity  is  necessary  to  the  validity  of  a tax  levied  “ on 
the  persons  and  property  of  citizens”;  but,  a tax  imposed  on  a corporation  — as 
such  — is  not  a tax  on  “ the  persons  or  property  ” of  the  corporators  — stockholders. 
Immunities  claimed  by  the  individual  members  of  a corporation  can  not  be  extended 
to  the  corporation  itself;  Ducat  v.  Chicago,  48  111.,  172. 

Fourtli — To  lix  the  amount,  terms  and  manner  of  issuing  and  re- 
voking licenses. 

' 1.  Power  to  regulate  a calling  or  business,  authorizes  exaction  of  a license  fee; 
that  the  fee  may  exceed  the  expense  of  issuing  license  and  inspection,  does  not  render 
it  illegal  or  unreasonable;  Kinsley  v.  Chicago,  124  111.,  360. 

2.  Courts  do  not  pass  on  the  reasonableness  of  liquor  license  fees;  Dennehy  v. 
Chicago,  120  111.,  631. 

3.  A license  fee  prescribed,  by  city  ordinance,  being  for  the  purpose  of  raising 
revenue  can  not  be  sustained  as  the  exercise  of  the  police  power  conferred;  Chicago 
V.  Phoenix  Ins.  Co.,  126  111.,  269;  Chicago  v.  Case,  126  111.,  282  note. 

4.  A license  fee  imposed,  on  certain  avocations  etc.,  carried  on  within  the  corporate 
limits,  is  not  a tax,  within  the  constitution;  U.  S.  Dist.  Co.  v.  Chicago,  112  111.,  22. 

5.  A license  is  not  a tax,  within  the  meaning  of  the  constitution;  hence  not,  neces- 
sarily, uniform  — as  to  its  price  — in  different  localities  of  a city;  E.  St.  L.  i\  Wehring, 
46  111.,  392. 


Powers  of  the  City  Council.  ;J9 

0.  Wholesale  li(iiior  license  fee  is  not  a tax;  it  is  the  price  of  a j>rivilege  which 
may  be  altogether  denied;  Dennehy  c.  Chicago,  120  111.,  G81. 

7.  Without  the  adoption  of  a general  ordinance  authorizing  the  issuing  of  licenses, 
specifying  who  shall  issue  them,  the  length  of  time  they  are  to  run,  the  amount  to 
be  paid  and  the  time  and  manner  of  payment,  there  is  no  ])ower  to  issue  a license  to 
any  one.  In  an  action  to  recover  a penalty  such  an  ordinance  must  be  proved;  Bull 
V.  Quincy,  9 App.,  127. 

8.  The  pow'er  to  grant  licenses  is  in  the  city  council;  but,  the  council  may,  by 
ordinance,  grant  licenses  to  a certain  class  of  ])orsons,  on  certain  conditions,  by 
authorizing  the  mayor  to  issue  or  cause  license  to  be  issued  when  the  conditions  are 
complied  with;  Swarth  t'.  People,  109  111.,  020. 

9.  The  power  to  enforce  all  rules,  ordinances,  by-laws  and  ])olice  and  other  regu- 
lations of  a city  by  penalties  not  exceeding  one  hundred  dollars  for  any  offense 
against  the  same  does  not,  necessarily,  confine  the  city  to  that  mode,  nor  to  a suit 
based  on  the  bond  of  a grocery  keeper  for  violations  — by  him.  The  city,  in  the 
exercise  of  the  police  powers  conferred,  may  pro\"ide  for  the  revocation  of  his  license; 
Schwuchow -y.  Chicago,  08  111.,  444. 

10.  Ordinances  discriminating  in  the  rates  for  licenses  in  different  parts  of  a city 
are  not  unconstitutional;  E.  St.  L.  i\  Wehring,  40  111.,  392. 

11.  Where  power  is  conferred  to  prohibit  or  regulate  and  license  the  sale  of  intoxi- 
cating liquors  (see  cl.  40),  the  city  may  grant  the  privilege  of  selling  on  such  terms 
and  conditions  as  it  may  see  fit  to  impose  — as  that  it  shall  be  subject  to  revocation 
on  the  violation  of  any  ordinance  passed  to  regulate  the  traffic;  Schwuchow  v.  Chicago, 
08  111.,  444. 

12.  The  i)ower  to  tax,  license  and  regulate,  authorizes  city  authorities  to  adopt  any 
reasonable  ordinance  for  the  purpose;  the  city  may  tax,  license  and  regulate  the 
business  and  the  ordinance,  therefor,  may  j)roperly  empower  the  mayor  to  revoke 
the  license  for  cause;  Schwuchow  c.  Chicago  08  111.,  444;  Wiggins  i\  Chicago,  08 
111.,  372. 

13.  If  a city  grant  a license  it  may  impose  conditions;  Launder  v.  Chicago,  111 
111.,  290. 

14.  One  who  takes  license  to  engage  in  a business,  otherwise  against  his  right, 
takes  subject  to  restrictions  imposed  by  ordinance  authorizing  the  license;  Launder 
i\  Chicago,  111  111.,  290. 

15.  To  take  a license  recognizes  the  validity  of  ordinance  authorizing  it;  Launder 
V.  Chicago,  111  111.,  290. 

10.  One  who  has  accepted  a license  from  the  mayor  of  a city,  under  an  ordinance 
empowering  the  mayor  to  revoke  for  cause,  the  license  reciting  that  it  may  be  revoked 
by  such  mayor,  at  any  time  — in  his  discretion  — can  not  say  that  the  mayor  has  no 
power,  and  that  the  license  can  be  revoked  by  judicial  sentence  only;  Wiggins  c. 
Chicago,  08  111.,  372;  Sclnvuchow  c.  Chicago,  08  111.,  444. 

17.  The  control  of  the  liquor  traffic,  being  a police  regulation,  no  ])erson  can 
acquire  such  a vested  right  therein,  by  a license,  that  the  control  thereof  can  not  be 
resumed,  when  the  interests  of  society  require  such  resumption;  Schwuchow  v.  Chi- 
cago, 08  III.,  444;  Wiggins  v.  Chicago,  08  111.,  372. 

18.  The  power  to  revoke  a license  does  not  authorize  depriving  licensee  of  the 
use  of  his  property  by  force;  Baldvviu  i\  Smith,  82  111.,  102. 

19.  The  payment  of  a less  sum  for  a license  than  the  sum  required  by  law  does 
not  authorize  it  to  be  issued;  if  it  be  issued  it  is  a nullity;  Spake  v.  People,  89  111.,  017. 

20.  Money  voluntarily  deposited  in  a city  treasury  as  the  price  of  a license  is  not 
subject  to  garnishment,  though  the  depositor  has  not  fully  complied  wuth  the  condi- 
tions on  which  a license  may  issue;  Smith  v.  \V'oolsey,  22  App.,  185. 

21.  It  is  not  essential  to  the  validity  of  a license  granted  under  an  ordinance,  that 
the  signatures  of  the  mayor  and  city  clerk  be  affixed  with  a pen.  Such  signatures 
may  be  by  stamping  a fac  simile  of  the  written  signature  of  the  officer,  if  done  by 
him  or  by  another,  under  his  direction  or  bv  his  request;  Swarth  i\  Paxton,  109  111., 
020. 

22.  See  Additional  Laws  — AGmcui/rUKE. 

Fifth  — To  borrow  money  on  the  credit  of  the  corporation,  for  cor- 
porate purposes,  and  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  conditions  as  it  sliall  prescribe,  but  shall  not  become  in- 


10 


Powers  of  the  Cjty  Coiwoii.. 


in  JUiy  innnncr  oi‘  for  any  ))ur])ose  to  an  ainonnt,  including  ex- 
isting indebtedness,  in  tlie  aggi-egaie  to  exceed  live  (5)  per  centnin  on 
the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  state  and  county  taxes  ))revioiis  to  the  imairring  of  such 
indebtedness;  and  before  or  at  the  time  of  incurring  any  indel)tedness, 
shall  provide  for  the  collection  of  a direct  annual  tax  siithcient  to  ])ay 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  ])rincipal  thereof  within  twenty  years  after  contracting  the  same. 

1.  Seo  art,  7,  § 3;  in  limitation  of  the  power. 

2.  S(M‘  art.  10.  ^ t;  as  to  the  ]>ower  to  borrow  for  a water  su])p]y. 

3.  I’owcr  giv(oi  to  a city  to  borrow  money,  for  a ])ropos(ul  ]>nl)lic  improvement, 
l^ives,  as  a necessarv  incident,  ])ower  to  issue  its  bonds  for  the  money;  Dutton®. 
A rora,  114  111.,  M2.‘ 

4.  'I'bere  bein^  mt  ex])ress  authority,  the  general  ])ower,  incident  to  a municipal 
corporation,  to  issue  bonds  foi-  (‘xisting  indebtedness  or  for  money  borrowed,  for  cor- 
porate ])urposes,  does  not  include  j)ower  to  issue  bonds  as  a simple  donation;  Bissell 
T.  Kankakee,  (54  111.,  2411. 

5.  Municipal  cori)orations  can  no+  bind  themselves  to  pay  their  indebtedness  at  any 
other  place  than  at  their  treasury:  unless  specially  authorized  b}'  legislative  enact- 
ment; Pekin  r.  Keynolds,  31  111.,  021):  People  ®.  Tazewell  Co.,  22  111.,  147. 

(5.  If  payable  elsewhere  they  ai'e  not,  thereby,  invalidated;  but,  such  provision  is 
void;  Sherlock  v.  Winnetka,  6*8  111.,  530. 

7,  All  persons  dealing  in  securities  issued  by  a munici])al  corporation  are  charge- 
able with  notice  of  a,  want  of  authority  to  issue  them;  Marshall  Co,  v.  Cook,  38  111., 
44;  see  Chi.  & G.  E.  lUi.  Co.  i\  Fox,  41  111.,  lOG. 

Sixth  — To  issue  bonds  in  place  of  or  to  sup|)ly  means  to  meet  ma- 
turing bonds,  or  for  the  consolidation  or  funding  of  the  same. 

1.  Power  to  borrow  money  for  a proposed  public  improvement  gives,  as  a neces- 
sary incident,  power  to  issue  its  bonds  for  the  money;  Dutton  v.  Aurora,  114  111.,  142. 

2.  A ])ower  granted  to  issue  city  bonds,  for  particular  ])uri)oses,  with  silence  as  to 
the  mode  or  manner  in  which  the  ])ower  shall  be  exercised;  the  manner  of  its  exer- 
cise is  within  the  discretion  of  the  city  council,  except  that  it  must  be  done  under  an 
ordinance  on  the  subject.  The  council  may  provide  for  submitting  the  question  to  a 
vote  of  the  people;  the  election  will  be  valid;  Mason  r.  Sbawneetowu,  77  111.,  533. 

3.  Where  the  power,  in  the  charter  of  a city,  to  borrow  money,  required  the  money 
borrowed  to  bo  expended  and  applied  in  liquidation  of  its  debts  and  in  the  perma- 
nent and  useful  improvement  of  the  city,  it  was  held  that  the  corporation  was  not, 
thereby,  prohibited  from  funding  the  existing  debt  and  issuing  the  proper  evidences 
thereof;  Galena  v.  Gorwitb,  48  111.,  423. 

4.  Where  a city  was  authorized  to  issue  bonds  bearing,  not  to  exceed,  eight  per 
cent,  interest  and  bonds  were  issued  bearing  twelve  per  cent,  interest,  it  was  held 
that  tbev  were  valid  ]>ro  tanto  and  the  citv  was  bolden  for  eight  per  cent.;  Quincy  v. 
Warfield,  25  Ilk.  317. 

5.  Municipal  authorities  being  autboriz(‘d  to  issue  bonds  generally,  though  only  to 
an  amount  limited  in  each  year;  they  may,  without  express  authority,  issue  such 
bonds  in  lieu  of  others  overdue;  Quincy  r.  Warfield,  25  111.,  317. 

6.  Municipal  bonds,  issued  in  aid  of  a pur])ose  not  a corporate  ]mrpose,  under  the 
constitution  of  1848,  were  void;  Mather  r.  Ottawa,  114  111,,  660. 

7.  Bonds  of  a municipal  corporation  issued  without  legal  authority  are  void,  even 
in  the  band  of  an  innocent  purchaser  without  actual  notice  of  the  want  of  power  in 
the  corporation  to  issue  them;  Ryan  r.  Lynch.  68  111.,  160;  Big  Grove  v.  Wells,  65  111., 
263;  Livingston  Co.  ®.  Weider,  64  111.,  427;  Bissell  r.  Kankakee,  64  111.,  249. 

8.  Taxes  levied  and  collected  to  pay  on  municipal  bonds  constitute  a special  trust 
fund  which  can  not  be  used  for  some  other  purpose  — although  the  bonds  be  void; 
Aurora  r.  C.,  B.  & Q.  RR.  Co.,  119  111.,  248. 

9.  A county  has  no  power  to  issue  bonds  for  railroad  stock  or  aid.  except  when 
such  was  authorized  by  law  and  a popular  vote  bad  prior  to  the  adoi>tiou  of  the  con- 
stitution; Oustott  L\  People,  123  111.,  491. 


Towkiis  of  the  City  Council. 


41 


10.  Since  the  constitution  of  1870  the  conditions  on  which  mil  road  aid  was  thereto- 
fore granted  can  not  be  changed,  to  authorize  an  issue  of  bonds  for  stock;  lliclie- 
son  V.  I’eople,  115  111.,  458. 

11.  Bonds  lawfully  issued,  prior  to  the  constitution,  und<;r  j)ower  to  tax  to  pay 
them;  a statute  which  would  deprive  the  corporation  of  the  means  of  payment  would, 
as  to  them,  bo  void;  P.,  1).  k E.  By.  Co.  i\  People,  ll(j  111.,  404. 

12.  Municipal  bonds  issued  without  authority  of  law,  in  aid  of  railroad  companies, 
are  void,  in  whose  hands  soever;  collection  of  taxes  to  pay  interest  thereon  may  be 
enjoined;  People  v.  Hamill,  125  111.,  603. 

18.  Municipal  bonds,  in  aid  of  a railroad,  voted  after  the  separate  article  of  consti- 
tution. 1870,  went  into  effect  are  void,  in  the  hands  of  innocent  holders  for  value; 
Wade  V.  Town  LaMoille,  112  111.,  84. 

14.  Bonds  issued  in  aid  of  a railroad  prior  to  the  constitution;  it  is  obligatory  to 
levy  and  collect,  annuallv,  a sufficient  tax  to  pay  interest  and  i)rincipal  as  due;  P., 

D.  & E.  By.  Co.  r.  People,  116  111.,  404. 

15.  Payment  of  excess  of  interest  may  be  enjoined;  Locke  v.  Davison,  111  111.,  26. 

16.  The  bonds  of  a county,  issued  without  authority,  being  void  the  mere  levy  of 
taxes  and  payment  of  interest  on  them  will  not  render  them  valid;  Marshall  Co.  v. 
Cook,  88  111.,  44. 

17.  Municipal  bond  void;  no  subsequent  act,  or  recognition  of  their  validity,  by 
the  municipal  authorities  can  estop  the  tax  i)ayers  from  denying  their  legality; 
Byan  v.  Lynch,  68  111.,  160. 

18.  Bonds  issued  without  authority  of  law  are  void;  an  innocent  purchaser  before 
maturity  acquires  no  rights  under  them  to  be  protected.  Such  purchaser  must 
look  to  the  authorit}^  under  which  thev  purport  to  have  been  issued;  Gaddis  v.  Bich- 
land  Co.,  92  111.,  119. 

19.  A resident  of  a city  who  buys  its  bonds  is  chargeable  with  notice  of  the  pur- 
pose and  object  of  their  issue  if  the  ordinance  authorizing  them  states  :t;  Mather  v. 
Ottawa,  114  111.,  660. 

20.  If  the  legal  power  or  authority  to  issue  municipal  bonds  existed,  but  was  de- 
fectively, or  irregularly,  executed,  they  are,  only,  voidable;  an  innocent  holder  may 
collect  them;  Byan  v.  Lynch,  68  111.,  160. 

21.  Irregularities  in  the  issue  of  municipal  bonds  do  not  affect  their  validity;  un- 
less they  go  to  the  power  to  issue;  Douglas  'c.  Niautic  S.  Bd.,  97  111.,  228;  Hewitt  v. 
Normal  Sch.  Dist.,  94  111.,  528;  Lippiucott  r.  Pana,  92  111.,  24;  Barues  v.  Lacon,  84 
111.,  461;  Middleport  v.  .Etna  L.  I.  Co.,  82  111.,  562;  Burr  «.  Carbondale,  76  111.,  455; 
Maxcy  c.  Williamson  Co.,  72  111.,  207.  If  such  bonds  are  issued  under  a void  author- 
ity, or  without  authority,  they  will  be  void,  in  whose  hand  soever  they  come  and 
there  can  be  no  innocent  holders  thereof;  Ib. 

SeA  cnth  — To  lay  out,  to  establish,  open,  alter,  widen,  extend,  grade, 
pave  or  otherwise  im]>rove  streets,  alleys,  avenues,  sidewalks,  wharves, 
parks  and  public  grounds,  and  vacate  the  same. 

1.  See  Additional  Laws  — Stuef:ts. 

2.  The  fee  simple  title  of  streets  in  cities  is  in  the  city;  Moses  r.  P.,  F.  W.  k C. 
BB.  Co.,  21  111.,  522;  and  the  streets  are  under  its  exclusive  control;  Stephani  v. 
Brown.  40  111.,  428. 

8.  The  fee  vested  in  a municipality  under  the  statute  is  a base  or  determinable  fee; 
determined  by  some  act  or  event  which  circumscribes  its  continuance — as  the  vacation 
of  the  plat  or  abaudoument  of  a street;  Zinc  Co.  v.  LaSalle,  117  111.,  414. 

4.  Tlie  general  incorporation  law  vests  the  exclusive  control  and  management  of 
city  streets  and  the  location  of  railroad  tracks  in  the  council;  Chi.  D.  k C.  Co.  v.  Gar-  * 
rity,  115  111.,  161. 

5.  Under  this  statute,  cities  and  villages  have  control  of  and  ])ower  to  lay  out,  al- 
ter and  vacate  streets,  and  to  regulate  their  use;  M’Cartuev  r.  Chi.  k E.  BB.  Co.,  112 
111.,  635. 

6.  Cities  have  exclusive  control  of  all  the  streets  and  alleys  within  their  corporate 
limits.  The  fee  of  the  street  is  in  the  corporation  and  its  dominion  over  them  is  as 
absolute  as  is  that  of  the  owner  of  other  lands;  People  v.  Walsh,  96  111.,  232;  C.  k 
V.  BB.  Co.  V.  People,  92  111.,  170. 

7.  A municipal  corporation  holds  public  streets  in  trust,  for  the  use  of  the  public. 
Where  the  abutting  proprietor  retains  the  fee,  the  right  to  the  possession,  use  and 

6 


iZ 


I’owEiiS  OF  THE  City  Council. 


control  of  the  street,  vested  in  tin;  inuuiciimlity,  is  a le^al  — not  a mere  equitable 

right;  (’hicago  Wright,  hlJ  111.,  JUH. 

8.  A city  holds  its  streets  in  trust  for  tlie  i>ublic.  It  has  no  power  to  alienate  them 
or  to  divest  itsiilf  of  tlui  control  of  them,  by  conferring  rights  the.rein  inconsistent 
with  its  duty,  to  the  |)uhlic,  to  ke<;p  them  open  and  to  imi)rove  them  for  use  as 
str(;ets;  Kreigli  v.  Chicago,  80  111.,  407. 

9.  A chart(!f  giving  a city  council  full  )>ower  to  repaii-  streets  and  to  ])rohibit  their 
obstruction  (see  cl.  ]())  giv(\s  a power  to  be  exercised  for  the  i)ublic  benefit,  execu- 
tion (d‘  which  may  be  insisted  on  as  a duty.  Mandamus  is  the  api)ropriat(^  proceed- 
ing to  compel  action;  Ihjople  v.  Bloomington,  08  111.,  207. 

10.  This  statute  ini})oses  on  cities  the  duty  of  keeping  its  streets  etc.  in  repair  and 
gives  ample  ])()wer  and  means  to  that  end;  C’hicago  v.  Keefe,  114  111.,  225. 

11.  A city,  incorporated  under  this  statute,  has  a large  discretion  as  to  the  ojauiing, 
grading  and  repairing  of  streets  and  their  sidewalks,  in  res])ect  to  the  time,  manner 
and  cost  of  the  same.  In  the  exercise  of  this  discretion  its  power  will  not  be  con- 
trolled by  the  courts;  unless  there  is  great  abuse  of  the  discretion,  operating  op- 
])ressively  on  individuals:  Brush  v.  Carbondale,  78  111.,  74, 

12.  The  municipal  authorities  of  cities  and  villages  are  the  exclusive  judges  of  the 
propriety  and  necessity  of  the  widening  or  laying  out  of  a street  within  the  corporate 
limits.  A court  will  not  interfere  with  the  exercise  of  this  discretion;  unless  there 
is  manifest  injustice,  oppression  or  gross  abuse  in  their  action;  Dunham  v.  Hyde 
Park,  75  111.,  851. 

18.  In  the  exercise  of  this  power  courts  will  not  interfere,  to  control  the  discretion 
of  the  council;  unless  there  is  great  abuse  operating  oppressively  on  individuals; 
Brush  V.  Carbondale,  78  111.,  74. 

14.  The  mode  of  opening  streets  is  matter  of  discretion  with  the  municipal  authori- 
ties; Peo)de  r.  Hyde  Park,  117  111.,  404. 

15.  Corporate  authorities  of  cities  and  villages  are  vested  with  complete  control 
over  streets.  They  may  contract  or  widen  them,  when,  in  tbeir  opinion,  the  public 
good  so  re(]uires.  Uaniages  sustained  as  a consequence  of  the  exercise  of  such  power 
— when  property  is  neither  taken  nor  damaged  thereby  — is  too  remote  and  contin- 
gent to  be  allowed;  Hyde  Park  v.  Dunham,  85  111.,  569. 

16.  A street  may  be  widened  or  opened  by  sections;  People  r.  Hyde  Park,  117  HI., 
464. 

17.  Different  portions  of  a street  improvement  let  to  different  contractors;  during 
the  intervals  between  the  completion  of  one  contractor’s  work  and  the  commence- 
ment of  the  work  of  another,  the  street  is  in  possession  of  the  owner  and  it  is  his 
dnty  to  guard  the  work  and  prevent  danger;  Todd  v.  Chicago,  18  A]>p.,  565, 

18.  Streets  may  be  opened  etc.  either  from  the  general  fund,  special  taxation  or 
special  assessment;  People  v.  Hyde  Park,  117  111.,  464. 

19.  'Fhe  statute  provides  two  modes  of  improvement;  (1)  by  special  assessment; 
(2)  by  special  taxation  of  contiguous  property,  to  be  determined  by  ordinance  (see  art. 
9,  ^ 1):  Enos  v.  Springfield,  118  111.,  70. 

20.  The  power  of  trustees  of  an  incorporated  town  over  its  streets  extends  to  pro- 
hibiting, by  ordinance,  the  removal  of  earth  therefrom,  by  any  person,  for  any  indi- 
vidual use  without  consent  of  the  board;  Palatine  c.  Kreuger,  121  HI.,  78. 

21.  A city  is  under  duty,  in  building  an  embankment  in  its  street,  to  make  suitable 
drains,  so  as  to  prevent  water  from  being  thrown  on  to  the  property  of  a citizen; 
Shawneetowu  r.  Mason,  82  111.,  887. 

22.  The  control  of  a street  set  a])art  for  public  use,  by  the  habendum  clause  of  a 
deed  conveying  land,  is  as  much  in  a city,  in  reference  to  grades  etc.,  as  though  such 
street  had  been  dedicated  generally;  Murphy  v.  (’hicago,  29  111.,  279. 

28.  The  authorities  of  a city  have  an  undoubted  right  to  alter  the  grades  of  streets, 
at  their  discretion,  and  to  compel  the  owners  of  property  to  conform  thereto.  If  this 
be  done  Avith  reasonable  care  and  diligence,  no  liability  arises.  If,  however,  the 
authorities  act  maliciouslv  and  wrongfully  damages  may  be  recovered;  Roberts  r. 
Chicago,  26  111.,  249. 

24.  A city  7iiay  elevate  or  lower  the  grade  of  its  streets,  bona  fide,  Avith  a vieAv  to 
tit  them  for  use  as  streets.  It  can  not  be  held  responsible  for  errors  of  judgment 
herein  or  made  liable  for  the  inconvenience  and  expense  of  adjusting  the  adjacent 
property  to  the  grade  as  changed;  ShaAvneetown  ».  INIasou,  82  111.,  887. 

25.  A city  is  not  liable  for  damages  caused  by  raising  the  grade  of  streets;  unless 
the  city  authorities  exceed  their  powers  in  so  doing;  Murphy  o.  Chicago,  29  111.,  279. 


Powers  of  the  City  Council.  43 

26  A city  is  liable  for  changing  the  grade  of  a street  for  purposes  other  than  to 
improve  it  as  a street;  Shawneetovvn  v.  Mason,  82  111.,  337. 

27.  Cities  are  liable  to  lot  owners  for  injuries  occasioned  by  grading  or  drainage; 
Alton  V.  Hope,  68  111.,  167;  Dixon  v.  Baker,  65  111.,  518;  Aurora  v.  Reed,  57  111.,  29; 
Aurora  Cillett,  56  111.,  132.  The  rule  is  laid  down  in  Nevins  c.  Peoria,  41  111., 
502. 

28.  Street  grades  may  be  altered  at  discretion.  If  this  be  done  with  reasonable 
care  no  liability  arises.  If,  however,  through  negligence  or  unskilfulness  of  its 
agents,  damages  occur,  the  corporation  will  be  held  liable;  Nevins  t\  Peoria,  41  111., 
502;  Murphy  v.  Chicago,  29  111.,  279;  Roberts  v.  Chicago,  26  111.,  249. 

29.  In  exercising  the  power  to  change  the  grade  of  a street,  if  a city  fails  to  exer- 
cise prudence  and  skill,  it  will  be  liable  for  all  damages  that  result  from  such  action; 
Elgin  Eaton,  83  III.,  535;  Bloomington  v.  Brokaw,  77  111.,  191;  Dixon  v.  Baker,  65 
111.,  518;  see  Elgin  v.  Kimball,  90  111.,  356. 

30.  Private  property  damaged  by  a change  of  street  grade;  the  recovery  is  to  be 
measured  by  the  extent  of  the  pecuniary  loss;  if  it  is  benefited  as  much  as  damaged 
there  can  be  no  recovery;  Elgin  i\  Eaton,  83  111.,  535. 

31.  The  laws  in  force  at  the  time  a city  enters  on  the  improvement  of  a street  — as 
by  changing  its  grade  — fix  and  determine  the  right  of  a property  owner  to  damages; 
it  can  not  be  changed  by  subsequent  legislation;  Elgin  v.  Eaton,  83  111.,  535. 

32.  Action  for  damages  by  change  of  grade  of  sidewalk;  instructions  ignoring 
special  benefits  are  defective;  Elgin  c.  jM’Callum,  23  A]>p.,  186. 

33.  There  can  be  no  recovery  for  depreciating  by  effect  merely  upon  the  app*earance 
of  a house  because  of  changes  wholly  external  to  the  premises  — as  by  raising  a street 
grade;  Springfield  v.  (xrifhth,  21  App.,  93. 

34.  A municipal  corporation  is  charged  with  the  supervision  of  its  streets;  Cham- 
paign V.  MTnnis,  26  Ap|).,  538. 

35.  Village  charter  conferring  power  to  n^gulate  etc.  its  streets  and  to  tax  to 
improve  them;  it  is  under  duty  to  keep  all  its  streets  — including  bridges  thereon — ■ 
in  a reasonably  safe  condition  for  public  use,  although  highway  commissioners  may 
have  assumed  their  control  in  part;  Marseilles  «.  Howland,  124  111.,  551. 

36.  It  is  a city’s  duty  to  keep  its  streets  and  sidewalks  in  a reasonably  safe  condi- 
tion for  travel;  Chicago  w.  Dalle  115  111.,  388:  Mansfield  c.  Moore.  124  111.,  136;  Cham- 
paign V.  M’Innis,  26  App.,  538. 

37.  A city,  incorporated  under  the  general  incorporation  law,  owes  the  duty  of 
keeping  its  streets,  sidewalks  etc.  in  repair  and  has  ample  power  and  means  to  that 
end;  Chicago  v.  Keefe,  114  111.,  225. 

38.  The  duty  is  to  keep  streets  and  sidewalks  in  proper  repair,  for  all  persons  law- 
fully using  them,  without  regard  to  the  motive  or  object  of  persons  in  nassing  over 
them;  Chicago  v.  Keefe,  114  til.,  225. 

39.  The  duty  of  a municipality  to  maintain  streets  in  a safe  conaitiou  can  neither 
be  delegated  nor  evaded;  Springfield  «.  Scheevers,  21  xVpp.,  203. 

40.  A city  is  not  an  insurer  against  accidents  in  resnect  of  its  streets  and  sidewalks; 
Chicago  V.  Granville,  18  App.,  308. 

41.  A municipality,  incorporate  I under  the  general  law,  is  liable  for  an  injury 
resulting  from  a breach  of  its  duty  to  keep  its  streets  and  sidewalks  in  a reasonably 
safe  condition  for  travel  in  ordinary  modes;  Sterling  i\  Thomas,  60  111.,  264;  Centralia 
1).  Scott,  59  111.,  129;  Peru  r.  French,  55  111.,  317;  Jefferson  r.  Chapman,  27  App.,  43. 

42.  Ordinary  care  and  diligence  must  be  exercised  to  keep  streets  and  sidewalks 
reasonably  safe;  Centralia  v.  Crouse,  64  III.,  19;  Rockford  v.  Hildebrand,  61  111.,  155. 

43.  City  is,  only,  bound  to  reasonable  diligence  to  keep  its  streets  in  a reasonably 
safe  condition;  Joliet  v.  Meaghan.  22  A])p.,  255;  and  is,  only,  liable  for  failure  to  ex- 
ercise ordinary  care  and  ]>rudence  in  that  regard;  Mansfield  i\  IMoore,  124  111.,  136. 

44.  Municipal  authorities  assuming  a duty  as  to  a sidewalk  on  private  land,  as  a 
part  of  a street,  are  bound  to  the  same  vigilance  as  is  exercised  as  to  public  sidewalks; 
Mansfield  v.  Moore,  124  111.,  136. 

45.  City  is  liable,  only,  for  failing  to  exercise  reasonable  and  ordinary  care  and 
diligence  to  keep  its  streets  and  sidewalks  in  safe  repair  and  condition  — in  the  ab- 
sence of  positive  misfeasance  of  its  officers  and  employes;  Chicago  i\  Glanville,  18 
App.,  308. 

46.  Action  lies,  against  a municipal  corporation,  for  damages  resulting  from  it^ 
negligence  in  keeping  public  streets  and  sidewalks  in  repair,  when  the  duty  is  de- 
clared and  means  furnished;  Chicago  v.  Keefe,  114  111.,  225. 


11 


rowEKs  OK  Tilt:  City  Couxcn.. 


•17.  A iiiimicipiility  i.s  only  l)omi(l  to  exorcise  reasf)n}ible  (liligfoice  in  Iteeping  its 
stre(!ts  and  sidewalks  in  a r(^asonal)ly  safe  condition;  (,’liicago  r.  Hixby,  «4  111.,  82; 
ItocUrord  r.  I{iissell.  1)  A])]).,  221);  Monnionth  v;.  Sullivan,  8 App.,  50;  Chicago  v;. Wat- 
son, 0 A))p.,  ;141;  (iibson  /).  .Johnson,  4 App.,  288;  Warren  v.  Wright,  8 Aj)p.,  682; 
El  Ea.so  r.  Causey,  1 Aj)p.,  5:31. 

48.  The  utmost  that  can  be  required  of  a city  is  that  it  .shall  exerci.se  reasonable  care 
in  tlie  construction  and  maintenance  of  its  siflewalks;  Joliet  v.  W'alker,  7 App.,  267; 
Macomb  r.  Smithers,  6 A]))).,  470. 

49.  \N'her(!  the  fee  remains  in  land  owner,  the  public  may  make  culv’erts,  drains 
and  sewers,  lay  gas  and  water  ])ipes  and  erect  lamp  po.sts  etc.;  the  fee  owner  can  do 
no  act  interferiiig  with  sucli  rights;  Palatine  «.  Kreuger,  121  111.,  73. 

.50.  An  injunction  will  nevei-  issue  to  prevent  a municipal  corporation  from  keeping 
a ])ublic  stre(“t  o])en  to  the  ])ublic  use;  nor  to  interfere  with  the  exercise,  by  a city, 
of  the  power  of  eminent  domain,  granted  to  it;  Chicago  v.  Wright,  69  111.,  318. 

51.  Where  no  private  rights  are  involved  or  invaded  — in  the  absence  of  constitu- 
tional restriction  — the  legislature  may  vacate  or  discontinue  a street  or  invest  muni- 
cipal cor]>oi-ations  with  this  authority;  People  v.  Walsh,  96  111.,  232. 

52.  WHierea  street  or  alley,  the  fee  of  which  has  passed  to  the  corporation,  by  the 
making  and  recording  of  a plat,  is  vacated  by  the  corporate  authorities  and  its  use 
abandoned,  the  fee  thereof  will  revert  to  the  original  owner  who  dedicated  the  same 
— not  to  the  abutting  owner — neither  the  legislature  nor  the  corporate  authorities 
can  divest  such  owner  of  it;  Gebhardt  v.  Peeves,  75  111.,  301;  iSt.  John  Quitzow, 
7JUL,  3:34. 

53.  City  stre(‘t  or  alley  can  be  vacated  or  closed  only  by  three-quarter  majority  vote 
of  all  aldermen  authorized  to  be  elected,  the  votes  to  be  bv  aye  and  nay  and  to  be 
record<‘d;  St.  L.,  A.  & T.  II.  PR.  Co.  t).  Belleville,  122  111.,  382^ 

54.  No  rights  are  acquired  in  a village  ordinance  vacating  streets,  until  it  is  pub- 
lished in  accordance  with  the  charter;  until  so  published  it  may  be  repealed  without 
depriving  any  one  of  any  vested  right;  Gorniley  v.  Day,  114  111.,  188. 

55.  Repeal  of  an  ordinance  for  opening  a street,  except  as  to  lands  taken,  vacates 
only  the  ]>art  not  in  fact  opened;  People  v.  Ilj^de  Park,  117  111.,  464. 

5(),  Vacating  a street  not  adjacent  to  a particular  lot  and  not  depriving  the  owner 
of  access  or  egress  is  not  a taking  or  damaging  of  the  lot  for  public  use;  E.  St.  Louis 
r.  O’Flynn,  119  111.,  203. 

Eighth  — To  plant  trees  upon  the  same. 

1.  A town,  having  control  of  its  streets  with  power  to  improve  them,  may  allow 
]>roperty  owners  to  adorn  the  same,  by  setting  out  and  caring  for  shade  trees  along 
their  premises.  By  so  doing  it  will  not  lose  its  control  over  the  trees  so  planted  and 
may  protect  the  same,  as  against  such  parties;  Baker  r.  Normal,  81  111.,  108. 

Kinth  — To  regulate  the  use  of  the  same. 

1.  The  use  of  city  streets,  for  any  purpose,  must  be  for  the  public;  no  person,  na- 
tural  or  artificial,  can  acquire  an  exclusive  right  to  use  or  for  merely  private  pur- 
poses; Chi.  I).  & C.  Co.  V.  Garrity,  115  111.,  161. 

2.  A city  has  no  power  to  alienate  its  streets  to  others  or  divest  itself  of  its  con- 
trol over  them,  by  conferring  rights  therein  inconsistent  with  its  duty  to  keep  open 
and  improve  them  for  use  as  streets;  Kreigh  r.  Chicago,  86  111.,  407. 

3.  Municipal  corporation  can  not  invest  private  persons  with  any  right  in  lands 
dedicated  as  public  streets  inconsistent  with  their  use  as  such;  therefore,  the  statute 
of  limitations  will  not  run  in  favor  of  such  persons  to  bar  public  rights;  Lee  v. 
Mound  Station,  118  111.,  312. 

4.  Neither  city  nor  town  can  confer  an  exclusive  right  of  use  on  any  one  depriving 
it  of  its  character  as  a public  highway;  St.  L.,  A.  & T.  II.  PR.  Co.  v.  Belleville,  20 
App.,  580. 

5.  The  thirty-eighth  section  of  chapter  105  of  the  Revised  Statutes  of  1874, 
“ Parks  ”,  authorizing  the  counectingof  contiguous  ])arks  — by  boulevards  or  pleasure 
ways  under  the  control  of  park  commissioners,  as  in  the  case  of  other  ])ublic  grounds 
established  by  them  — has  no  reference  to  pilor  established  streets.  It  neither 
authorizes  park  commissioners  to  purchase  or  acquire  established  str<M*ts  nor  the  city 
authorities  to  surrender  their  control  over  them;  Kreigh  r.  Chicago,  86  111.,  407. 


Powers  of  the  City  Council. 


4;) 


6.  The  owners  of  property  borderiny:  on  streets,  have,  as  an  incident  of  such  own- 
ership,  a right  of  access  by  way  of  tin;  streets,  whicli  can  not  be  taken  away  or  ma- 
terially impaired  by  a city  without  incurring  legal  liability  to  tin;  extent  of  the  dam- 
age thereby  occasioned.  In  this  respect  only  have  such  owners  a right  other  or 
different  than  the  public  generally:  Chicago  t;.  Un.  Bldg.  Asso.,  102  111.,  tI91. 

7.  One  who  uses  a street  for  recreation  or  amusement — not  unlawful  — or  from 
mere  idle  curiosity  is  as  much  under  protection  of  law  as  others  in  pursuit  of  neces- 
sary and  legitimate  business;  Chicago  v.  Keefe,  114  111.,  225. 

8.  When  a city  causes  work  to  be  done  on  its  streets,  it  is  bound  to  take  notice  of 
the  character  of  the  work  and  the  condition  in  which  it  is  left — whether  it  is  safe  or 
dangerous;  Chicago  v.  Brophy,  76  111.,  277. 

9.  A permit  to  dig  in  a street  implies  an  agreement  to  do  so  in  such  manner  as  to 
save  the  public  from  danger  and  the  city  from  liability;  Todd  v.  Chicago,  18  A])p.,  567. 

10.  If  a city  permits  work  on  its  streets  to  be  done  as  it  is  done,  having  reserved  a 
right  to  control  the  manner  of  its  doing,  it  is  presumed  that  it  has  assumed  the  re- 
sponsibility of  its  doing;  E.  St.  L.  v.  O’Flyun,  19  App.,  67. 

11.  Where  the  corporate  authorities  of  a city  have  knowledge  that  a lot  owner  is 
constructing  a vault  under  the  sidewalk  adjacent,  for  his  own  convenience,  and  make 
no  objection,  authority  to  construct  it  may  be  inferred;  Gridley  v.  Bloomington,  68 
111.,  47. 

12.  The  erection  of  a water  tank  in  the  center  of  a street,  occuj)ying  one-half  of 
its  width  and  the  erection  and  operation  of  a steam  engine,  in  connection  therewith, 
even  for  the  purpose  of  supplying  the  city  and  its  residents  with  water,  is  not  an 
use  to  which  the  street  can  appropriately  be  put.  There  will  be  a liability  for  any 
damage  done  to  an  adjoining  lot  owner;  Morrison  v.  Hinkston,  87  111.,  587. 

18.  A city  street,  the  title  being  in  the  city  or  state,  may  under  authority  of  the 
state,  be  granted  for  the  use  of  tunnel  thereunder;  the  city  will  not  be  liable  when 
the  work  is  properly  planned  and  executed,  no  physical  injury  to  adjacent  property 
results  and  sufficient  of  the  street  remains  for  passage  and  ordinary  travel;  Chicago 
c.  Runisey,  87  111.,  348. 

14.  A city  having  exclusive  power  and  control  over  its  streets  may  allow  any  use 
of  them  consistent  with  the  public  uses  for  which  they  are  held.  Uses  for  the  pur- 
pose of  sewers,  gas  and  water  pipes  etc.,  are  among  those  which  may  be  granted; 
Quincy  v.  Bull,  106  111.,  346. 

15.  The  use  of  streets,  for  the  purpose  of  laying  water  pipes,  being  necessary  to 
the  construction  of  water  works,  the  power  to  contract  for  their  construction  in- 
cludes, as  a necessary  incident,  the  power  to  contract  for  the  iise  of  the  streets  for 
that  purpose  (see  Additional  Laws — Water);  Quincy  v.  Bull,  106  111.,  346. 

16.  Interference  of  equity  is  justified  by  a threat  of  a city  to  prevent  the  laying  of 
pipes  by  a gas  company,  if  the  company  is,  otherwise,  entitled  to  relief;  Metrop. 
Gas  Co.  V.  Hyde  Park,  27  App.,  361. 

17.  A city  may  permit  persons  making  improvements  upon  their  premises  to  oc- 
cupy, temporarily,  portions  of  the  sidewalk  and  street;  this  involves  the  duty  of  the 
licensee  to  more  than  ordinary  care  and  expedition  in  the  prosecution  of  his  work; 
Nelson  v.  Godfrey,  12  111.,  20. 

18.  A city  authorizing  abutting  lot  owners  to  excavate  in  front  of  them  is  liable 
for  resulting  injury;  Springfield  v.  Scheevers,  21  App.,  203. 

19.  Where  travelers  in  vehicles  meet  at  the  junction  of  two  streets,  each  i)erson 
must  use  reasonable  care  to  avoid  collision,  as  the  place  and  circumstances  require; 
Morse  v.  Sweenie,  15  App.,  484. 

20.  For  any  change  of  the  use  of  a street,  dedicated  to  the  public  for  ordinary  pur- 
poses, to  the  extent  that  it  damages  private  individuals  they  will  be  entitled  to  re- 
cover; People  V.  Walsh,  96  111.,  232. 

21.  This  clause  and  clause  25  vests  city  councils  with  exclusive  control  and  man- 
agement of  city  streets  and  the  location  of  tracks.  They  repeal  article  5,  section  1, 
of  the  Chicago  charter  of  1867;  Chi.,  D.  & C.  Co.  v.  Garrity,  115  111.,  161. 

22.  Steam,  as  a motive  power,  may  be  used  along  the  streets  of  a city,  by  proper 
permission;  Moses  v.  P.,  F.  W.  & C.  RR.  Co.,  22  111.,  516. 

23.  To  allow  railroad  tracks  laid,  when  consistent  with  the  public  interests,  is  a 
legitimate  use  of  streets:  St.  L.,  A.  & T.  H.  RR.  Co.  v.  Belleville,  20  App.,  580. 

24.  Railroad  tracks  on  streets  are  public  and  for  the  public  good;  all  railroad  com- 
panies must  permit  connection  from  warehouses,  etc.,  with  their  roads;  Chi.  D.  & C. 
Co.  v.  Garrity,  115  111.,  161. 


40 


rOVVEKS  OF  THE  CiTY  COUNCIL 


25.  (Mty  limy  ^n-ant  a public  stn;ot — liolding  tlu^  fee  — for  railroad  uses,  if  it  pro- 
])erly  and  n'asoiialily  protects  the  public  use,  without  liability  to  abutting  lot  owners, 
wlio  must  look  to  th(i  railroad  company  for  damages;  Olney  v.  Wharf,  115  111.,  520. 

20.  Under  this  statute  a majority,  only,  of  all  members  of  city  council  is  requirt'd 
to  grant  the  jirivilege  of  laying  railroad  tracks  in  streets;  Chi,  I).  & C,  Co.  v.  Garrity, 

115  111.,  101. 

27.  In  citi(‘s,  towns  and  villages,  organized  under  tliis  statute,  the  assent  of  the 
rc(piisite  number  of  the  abutting  prop(u-ty  owners  will  be  required,  as  well  as  that 
of  the  municipality;  Wiggins  F.  Co.  v.  F.  St.  L,  U.  liy.  Co.,  107  111.,  454. 

28.  The  ])ower  to  locate  railroad  tracks  — under  general  incorporation  law  — is 
limited  by  the  r<‘qnirement  that  such  be  petitioned  for  by  owners  of  one-half  the 
street  frontage;  (’hi.D.  & (’.  Co.  v.  Garrity,  115  111.,  101. 

29.  The  ])ower  can  not  be  exercised  until  the  requisite  number  of  lot  owners  along 
the  street,  bv  })etition,  authorize  its  exercise;  Hunt  v.  Chi.  II.  & D.  Ilv.  Co.,  121  111., 

012. 

30.  Under  the  general  incorporation  law,  ])rivilege  to  lay  railroad  tracks  may  be 
granted  to  individuals  or  i>rivate  corporations  to  connect  with  public  tracks;  Chi.  1). 

& C.  Co.  V.  Garrity,  115  111.,  101;  the  limitation  on  the  power  to  grant  includes  per- 
sons— both  natural  and  artificial;  lb. 

31.  Ily  laying  tracks  etc.,  by  authority,  in  a street,  a railroad  acquires  the  perma- 
nent easement  or  right  to  maintain  and  use  its  road  free  from  hindrance  or  molesta- 
tion not  incident  to  the  proper  and  ordinary  use  by  the  public;  C.  & W.  I,  RR.  Co.  v. 

C.,  St.  L.  & P.  RR.  Co.,  15  App.,  592. 

32.  Grant  of  the  use  of  ground  of  a vacated  street  to  railroad  uses  does  not  create  a 
liability  of  a city  to  a lot  not  abutting  thereon;  E,  St.  Louis  v.  O’Flynn,  119  111.,  203; 
or  for  an  act  done  without  authority;  Ib. 

33.  Permission  to  lay  railroad  tracks  on  a street  must  plainly  appear  and  not  be 
left  to  doubtful  implication;  C.,  I).  & V.  RR.  Co.  v.  Chicago,  121  111.,  182. 

34.  Ordinance  carefully  naming  streets  for  use  by  a railroad,  followed  by  a general 
clause  authorizing  all  such  tracks  “ as  may  be  necessary  to  the  convenient  use  ” etc. 
gives  no  authority  to  use  streets  not  named;  C.,  D.  & V.  RR.  Co.  v.  Chicago,  121 
111.,  182. 

35.  An  ordinance  which  limits  the  use  of  streets  by  a railway  company  accepted  by 
the  company,  with  an  express  avowal  in  accord  with  the  limitation,  does  not  prohibit 
the  acquisition  of  enlarged  rights  in  future;  M’Cartnev  v.  Chi.  & E.  RR.  Co.,  112 
111.,  628. 

36.  Authority  in  charter  to  construct  a railroad  from  a point  “to  and  into  the  city 
of  Chicago”,  with  general  authority  to  cross  any  road  etc.  on  the  route  does  not  grant 
the  use  of  streets  of  such  city;  C.,  D.  & V.  RR.  Co.  v.  Chicago,  121  111.,  182. 

37.  A doubt  as  to  a charter  right  to  lay  railroad  tracks  on  city  streets  maybe  solved 
by  an  ordinance  giving  the  right,  confinned  by  statute;  M’Cartney  v.  Chi.  &,  E.  RR. 

Co.,  112  111.,  631. 

38.  An  incorporated  town,  clothed  with  a general  police  power  over  its  streets  and 
with  a like  power  over  the  subject  of  nui.sances  (see  cl.  75)  has  the  right  and 
authority  to  ordain  that  a city  railway  company,  in  constructing  its  track  on  a street, 
shall  so  place  the  track  as  to  enable  wagons,  carriages  and  other  vehicles  to  pass 
thereover  without  inconvenience  or  danger,  and  to  provide  a penalty  for  violation  of 
the  ordinance;  N.  C.  C.  Ry.  Co.  v.  Lake  View,  105  111.,  184. 

39.  The  general  law  does  not  authorize  a grant  of  a right  to  use  streets  for  freight- 

age purposes  to  a railroad  built  for  passenger  use  without  a petition  of  property 
owners;  M’Cartney  v.  Chi.  & E.  RR.  Co.,  112  111.,  637.  . 

40.  Attorney  general  has  a right  to  proceed  to  enjoin  the  occupation  of  a public 
city  street  by  a horse  and  dummy  railway,  it  not  being  authorized  l)y  the  proper 
authorities;  Hunt  v.  Chi.  H.  & D.  Ry.  Co.,  121  111.,  642. 

Ten  til  — To  prevent  and  remove  encroachments  or  obstructions  upon 
the  same. 

1.  A city  has  no  right  to  so  obstruct  its  streets,  or  to  authorize  the  same  to  be  done, 

as  to  deprive  property  holders  from  free  access  to  or  from  the  lots  abutting  on  the  , 
.same;  Stack  v.  E.  St.*  L.,  85  111.,  377;  Rockford  v.  Russell,  9 App.,  229. 

2.  A city,  as  owner  in  fee  of  streets,  has  power  to  prevent  encroachments  thereon 
by  individuals  and  is  not  therein  limited  to  the  surface  of  the  ground;  a sale  of  coal 


Powers  of  the  City  Council.  47 

with  a right  to  mino  under  tlio  street  by  a lot  owner  giv^es  no  right  lo  enter;  LaSalle 

Matth.  etc.  Co.,  Ki  Apj).,  75. 

8.  As  ail  incorporated  city,  town  or  village  is  vested  with  the  fee  of  the  streets 
therein,  one  who  obstructs  such  a street  is  liable  to  the  corporate  authorities  — not 
to  the  statutory  i)enalty;  Leech  v.  Waugh,  24  111.,  229. 

4.  A municipality  possessing  the  fee  in  streets  may  maintain  ejectment  against  any 
one  who  wrongfullv  intrudes  upcm,  occupies  or  detains  the  jiroperty;  Chicago  v. 
Wright,  ()9  111.,  818.* 

5.  One  who  obstructs  a road  which  is  used  by  the  public,  for  even  the  shortest 
period  of  time,  does  so  at  his  peril;  Ferris  v.  Ward,  4 Oilm.,  499. 

(>.  The  rule  is  well  settled  that,  for  any  obstruction  to  streets,  not  resulting  in 
special  injury  to  the  individual,  the  pulilic,  only,  can  complain.  Where  the  obstruc- 
tion is  a public  offense  and  special  injury  thereby  results  to  a person,  the  latter  may 
maintain  an  action  against  the  wrong  doer;  M’Donald  v,  English,  85  111.,  282;  Riche- 
son  V.  Richeson,  8 App.,  204. 

7.  The  owner  of  city  lots  has  no  right  to  mine  thereunder  though  no  injury  may 
thereby  result  to  the  street  — as  such;  Zinc  Co.  v.  JjaSalle,  117  111.,  414. 

8.  If  a railroad  company  unnecessarily  obstructs  the  streets  of  a town,  contrary  to 
the  ordinance  of  the  to\vn,  it  will  be  liable  for  the  penalty  prescribed;  T.,  P.  & W. 
RR.  Co.  V.  Chenoa,  48  111.,  209;  1.  C.  RR.  Co.  v.  Galena,  40  111.,  844;  (It.  W.  RR.  Co. 

Decatur,  28  111.,  381. 

9.  Joint  use  of  a street  in  the  public  and  a railroad  company;  the  company  may  be 
convicted  of  a breach  of  ordinance  against  obstructing  streets  and  crossings  by  loco- 
motives and  cars;  St.  L.,  A.  & T.  H.  RR.  Co.  v.  Belleville,  122  111.,  382. 

10.  An  ordinance  forbidding  “ obstructions  of  any  kind  ”,  is  broad  enough  to  em- 
brace the  obstruction  of  a street  by  railroad  cars;  1.  C.  RR.  Co.  'V.  Galena,  40  111.,  844. 

11.  A city  ordinance  ])rohibited  railroad  companies  from  allowing  their  engines, 
machinery  or  cars  to  stand  or  remain  on  a traveled  railroad  crossing,  used  by  teams 
and  for  travel,  in  passing  and  repassing,  to  the  hindrance  and  detention  of  the  same. 
In  suit  to  recover  the  penalty,  the  offense  was  held  to  have  been  made  out  on  a 
showing  that  cars  were  left  standing  on  a switch,  leaving  a space  between  them  of 
only  ten  or  twelve  feet  at  the  crossing,  and,  also,  a car  on  another  switch  standing 
opposite  this  open  space,  through  which  none  other  than  a gentle  team  could  pass  in 
safety;  Gt,  Wii.  RR.  Co.  v.  Decatur,  83  111.,  381. 

12.  If  the  municipal  authorities  authorize  a structure  ui)on  a public  street,  or 
other  obstruction,  that  causes  injury  to  adjacent  lot  owners,  it  vvdll  be  liable  for  the 
injury  sustained;  Stack  v.  E.  St.  L.,  85  111.,  877. 

13.  Any  person  may  remove  a fence  erected  across  a highway,  without  being  a 
trespasser;  Marcy  v.  Taylor,  19  111.,  684;  Brooke  v.  O’Boyle,  27  App.,  884. 

14.  City  in  possession  and  use  of  land  as  a street,  during  twenty-six  years;  injunc- 
tion should  not  issue  to  restrain  removal  of  a fence  placed  thereon  by  one  who 
claims  ownership  of  the  land;  Toof  v.  Decatur,  19  App.,  204. 

15.  It  is  a duty  of  a municipal  corporation  to  exercise  reasonable  care  and  diligence 
in  the  removal  of  dead  animals  or  other  objects  in  a public  street,  calculated  to 
frighten  horses,  after  actual  notice  of  the  same.  After  the  lapse  of  such  a time  that 
it  should — by  the  exercise  of  reasonable  diligence — have  had  knowledge  thereof  ac- 
tual notice  may  be  presumed;  Chicago  v.  Hoy,  75  111.,  580. 

16.  Judgment  against  a city  for  damages  caused  by  one  who  obstructs  or  excavates 
in  a street,  who  has  notice  of  the  suit,  concludes  him  as  to  ail  matters  necessarily  in- 
cluded in  the  adjudication  in  an  action  by  the  city  to  recover  the  sum  compelled  to 
be  paid;  Todd  v.  Chicago,  18  Apj).,  567. 

Eles^eiitli  — To  provide  for  the  lighting  of  tlie  same. 

1.  The  failure  to  avail  of  a power  to  light  streets  can  not  be  regarded  as  an  act  of 
negligence,  in  an  action  to  recover  damages,  by  one  who  receives  injury  by  falling 
into  an  excavation  in  the  sidewalk  or  street,  in  the  night  time;  Freeport  v.  Isbell,  88 
111.,  440. 

' ’2.  If  a city  assumes  to  light  a street  or  bridge,  under  a discretionary  power,  and 
does  it  in  such  a negligent  manner  as  not  to  afford  proper  security  from  danger  and 
one  is  injured  by  falling  into  an  excavation  in  the  night  time,  the  fact  may  be  shown 
on  the  question  of  negligence;  Freeport  v.  Isbell,  83  111.,  440. 

Twelfth  — To  provide  for  the  cleansing  of  the  same. 


48 


POWKHS  OF  TlHi:  CiTY  COUNCIL. 


Tliirtoentli  — To  regiihite  tlio  opeiiiiiij;?!  therein  for  the  laving  of 
gas  or  water  mains  and  [)ipes,  and  the  building  and  re})airing  of  sewcivs, 
tunnels  and  drains,  and  erecting  gas  lights:  Provided,  liowever,  that 
any  com])any  heretofore  organized  undei’  the  general  laws  of  this  state, 
or  any  association  of  persons  organized,  oi’  which  may  be  hereafter  or- 
ganized for  the  pni-pose  of  maniitactnring  illnminatiiig  gas  to  supply 
cities  or  villages,  or  the  inhabitants  thereof,  with  the  same,  shall  have 
the  right,  by  consent  of  the  common  council  (subject  to  existing  rights), 
to  erect  gas  factories,  and  lay  down  pipes  in  the  streets  or  alleys  of  any 
city  or  village  in  this  state,  subject  to  such  reguhilions  as  any  sucli  city 
or  village  may,  by  oixlinance,  impose. 

1.  See  notes  to  clause  9;  as  to  use  of  sti'eets. 

2.  See  Additional  Laws  — Streets,  post. 

:j.  A city  has  a rigdit  to  construct  sewers  in  its  streets.  It  lias  no  riglit,  in  doing  so, 
to  leave  jiilesof  dirt  upon  a street  in  such  condition  as  to  render  it  unsafe  for  wagons 
to  ])ass;  Chicago  c.  Brophy,  79  111.,  277. 

4.  What  sewerage  is  necessary  for  the  welfare  of  a city  is  to  be  determined  by  its 
legislative  authority;  St.  L.  Bri.  Co.  v.  People,  125  111.,  227. 

5.  City,  under  special  charter,  having  assumed  control  of  its  sewerage,  created  a 
department  to  construct,  maintain  etc.  and  accepted  plans  etc.  for  the  extension  of 
existing  sewers,  has  established  a sewerage  system;  St.  L.  Bri.  Co.  v.  People,  125 
111.,  227. 

G.  AVhere  a city  does  work  by  contract  and  a servant  of  the  contractor  — without 
authority  from  the  city  — improperly  leaves  a drain  open,  at  night,  the  city  is  not 
liable  for  resulting  injury;  non  obstante  its  retention  of  a general  supervision  of  the 
work.  Aliter  if  the  acts  which  caused  the  injury  were  done  under  and  because  of 
the  direction  of  the  city;  Nevius  v.  Peoria,  41  111.,  502. 

Fourteenth  — To  regulate  tlie  use  of  sidewalks  and  all  structures 
thereunder;  and  to  require  the  owner  or  occupant  of  any  premises  to 
keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from  snow  and 
other  obstructions. 

1.  See  notes  to  clause  9;  as  to  use  of  streets. 

2.  Sidewalks  are  a part  of  the  public  street;  Carter  v.  Chicago,  57  111.,  283;  Bloom- 
ington V.  Bay,  42  111.,  503. 

3.  Sidewalks,  as  part  of  the  street,  are  to  be  kept  in  a safe  and  convenient  state  of 
repair  through  their  entire  width;  Carter  v.  Chicago,  57  111.,  283. 

4.  The  duty,  under  the  law,  is  to  see  that  sidewalks  are  reasonably  safe  for  persons 
exercising  ordinary  care  and  caution;  Chicago  v.  M’Civen,  78  111.,  347. 

5.  Keeping  sidewalks  in  repair  is  referable  to  the  power  for  constructing  new 
improvements;  it  can  not  be  required  to  be  done  by  the  abutting  owner,  at  his  own 
expense;  Chicago  r.  Crosby,  111  111.,  540. 

G.  Owners  of  lots  are  not  to  be  deprived  of  a sidewalk  on  their  side  of,  and  in,  the 
street;  even  if  they  own  a .strip  of  land  in  front  of  their  lots,  used  by  them  for  court 
yards.  They  can  not,  thus,  be  forced  to  use  the  strip  for  a sidewalk;  Carter  v.  Chi- 
cago, 57  111.,  283. 

7.  A city  can  not  iwescribe  a fine  or  penalty  to  be  imiiosed,  on  owner  or  occupant 
of  a lot,  for  failure  to  repair  a sidewalk  in  front  thereof;  Chicago  i\  Crosbv,  111 
111.,  540. 

8.  A city  has  not  power  to  require  the  owner  or  occupant  of  premises  to  remove 
snow  or  ice  from  the  sidewalks  in  front  thereof  or  to  inflict  a fine  for  failure  .so  to 
do;  Chicago  i\  O’Brien,  111  111.,  535. 

9.  An  ordinance,  of  a city,  requiring  the  occupants  of  premises  and  the  owmers  of 
vacant  lots  to  remove,  at  their  own  expense,  the  snow  from  the  sidewalk  or  footway, 
adjacent  to  their  premises,  within  six  hours  after  it  ceases  to  fall  or,  if  it  ceases  to 
fail  within  the  night  time,  within  six  hours  after  sunrise,  under  penalty,  can  not  be 
enforced.  A city  has  no  such  power;  Gridley  v.  Bloomington,  88  111.,  554. 


Powers  of  the  City  Council.  41) 

10.  Side  walks  are  a part  of  the  street.  A city  is  liable  for  injuries  occasioned  by 
defects  therein;  Bloomington  v.  Bay,  42  111.,  503. 

11.  If  the  removal  of  a walk  is  a necessary  incident  of  the  work  let  to  an  indepen- 
dent contractor,  a city  will  still  be  liable  for  an  injury  resulting  from  a defect  of 
material  used  in  constructing  a sidewalk;  Jefferson  v.  Chapman,  27  App.,  43. 

12.  A railroad  company  is  responsible  for  the  condition  of  a city  sidewalk,  located 
on  the  company’s  right  of  way  and  necessary  for  public  use  without  proof  of  notice 
of  defect;  Mansfield  n.  Moore,  21  App.,  326. 

13.  Mere  slipperiness  of  a sidewalk,  occasioned  by  ice  or  snow,  not  being  accumu- 
lated so  as  to  constitute  an  obstruction,  is  not  such  a defect  as  will  make  the  city  lia- 
ble for  damages  occasioned  thereby;  Chicago  v.  M’(iiven,  73  111.,  347. 

14.  An  unsafe  grating  placed  over  a part  of  a sidewalk,  in  a city,  is  a nuisance; 
being  placed  there,  without  the  authority  of  the  city,  by  the  owner  of  the  adjacent 
property,  he  is  liable  to  one  who  is  injured  by  reason  thereof;  no  want  of  due  care 
on  the  part  of  such  injured  person  being  shown;  Stephani  v.  Brown,  40  111.,  428. 

15.  A municipality  will  not  be  liable  for  an  injury  by  reason  of  a defective  side- 
walk if  notice  of  the  defect  is  not  shown,  or  that,  by  reasonable  diligence,  it  should 
have  known  thereof;  Joliet  r.  Gerber,  21  App.,  622. 

16.  If  circumstances  raise  an  implication  of  notice  to  any  officer  or  agent  of  a city, 
who  is  under  duty  to  communicate  the  existence  of  a defect  of  sidewalk  the  city  is 
chargeable  with  notice  thereof;  Hearn  v.  Chicago,  20  App.,  249. 

17.  Notice  of  defective  sidewalk  is  presumed  if  the  defect  existed  so  long  that  the 
city  authorities,  by  reasonable  diligence,  could  have  discovered  it;  Sterling  i\  Merrill, 
124  111.,  524. 

Fifteenth  — To  regulate  and  prevent  the  throwing  or  depositing  of 
ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in,  and  to  prevent 
injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteenth  — To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth  — To  regulate  and  prevent  the  use  of  streets,  sidewalks 
and  public  grounds  for  signs,  sign  posts,  awnings,  awning  posts,  tele- 
graph poles,  horse  troughs,  racks,  posting  handbills  and  advertisements. 

Eighteenth  — To  regulate  and  prohibit  the  exhibition  or  carrying  of 
banners,  placards,  advertisements  or  handbills  in  the  streets  or  public 
grounds,  or  upon  the  sidewalks. 

^*^ineteenth  — To  regulate  and  prevent  the  flying  of  flags,  banners  or 
signs  across  the  streets  or  from  houses. 

Twentieth  — To  regulate  traffic  and  sales  upon  the  streets,  sidewalks 
and  public  places. 

Twenty-flrst  — To  regulate  the  speed  of  horses  and  other  animals, 
vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation. 

1.  See  Additional  Laws  — Railroads,  post. 

2.  A town  ordinance  making  it  a penal  offense  to  ride  or  drive  a liorse  furiously  on 
any  street;  the  motive  of  a person  is  proper  to  be  considered,  on  his  trial  for  violating 
the  ordinance,  where  a discretion  is  allowed  in  fixing  the  penalty;  Morton  v.  Pres’t 
etc.,  18  111.,  383. 

3.  Ordinance  of  a city  as  to  immoderate  driving  has  the  force  of  a statute  and  is 
binding  on  all  persons,  without  exception;  Morse  «.  Sweenie,  15  App.,  486. 

4.  Policemen  and  firemen  — as  every  other  person  — are  required  to  exercise  proper 
prudence  and  care  in  the  use  of  streets,  so  as  not  to  cause  injury  to  others  lawfully 
upon  them;  Morse  «.  Sweenie,  15  App.,  484. 

5.  Under  authority  to  control  the  streets  and  to  declare  and  abate  nuisances,  town 
authorities  will  be  warranted  in  passing  an  ordinance  declaring  the  use  of  steam  as 
a motive  power,  to  propel  any  street  car  or  other  vehicle  upon  or  along  any  street 
railway  or  horse  railroad,  located  or  running  upon  or  along  any  street  etc.  in  the 
town,  and  prohibit,  under  penalty,  the  violation  of  such  ordinance — in  the  absence 

7 


GO 


Powers  of  the  City  Council. 


of  a logislativo  grant  authorizing  tlin  use  of  steam  power  as  a motive  power;  N.  C. 
(’.  Ry.  (’o.  V.  Lake  View,  lOo  Jll.,  211. 

().  Sp(Hid  in  transit,  and  punctuality  in  the  arrival  and  conrujction  of  railroad  trains, 
is  rc(piired  and  is  lawful;  Chi.  & .Miss.  lilL  Co.  v.  Patchin,  1(>  ill.,  11J8. 

7.  Speed  of  trains  can  be  r(!gulated  within  the  limits  of  towns  by  ordinance,  under 
the  statute  of  the  state  (see  Additional  Laws — liAii.uoAOs,  post.);  C.,  B.  «&  Q.  UR  (:o 
r.  Haggerty,  07  111.,  llll;  C..  R.  1.  & P.  Rli.  Co.  v.  Reidy,  07  111.,  43;  ToL,  P.  & W.  Ry] 
Co.  D.  Deacon,  03  111.,  hi. 

8.  A railroad  com])any  has  no  just  cause  to  complain  of  an  ordinance  prohibiting 
the  running  of  engines  and  cars  within  the  limits  of  a town  at  a s})eed  greater  than 
six  miles  pen-  hour,  non  obstante  its  charter  confers  the  power  to  Ox  and  nigulate  the 
speed  of  its  trains.  Its  privileges  granted  are  subject  to  police  laws;  C.,  B.  & C^.  RR. 
Co.  V.  Haggerty,  07  111.,  113. 

1).  Railroad  train  running  in  a city  at  a speed  in  excess  of  that  allowed  by  ordi- 
nance; to  recover  the  penalty  (Stat.,  1877)  it  is  enough  to  show  the  excessive  speed 
and  consequent  injury;  C.  & E.  I.  RR.  Co.  v.  Peo])le,  120  ill.,  009. 

10.  To  recover  the  penalty  for  injury  by  running  at  excessive  speed  through  a city 
it  is  not  error  to  show  a speed  greater  than  allowed  by  ordinance  and  injury  as  a 
consequence;  C.  & E.  1.  RR.  Co.  v.  People,  120  111.,  009. 

11.  One  who  can  show  that  his  injury  is  the  proximate  result  of  an  unlawful  rate 
of  speed,  whether  or  not  he  came  in  contact  with  the  train,  is  a “ penson  aggrieved” 
and  may  proceed  for  the  statutory  penalty;  C.  & E.  I.  RR.  Co.  v.  People,  24  App.,  562. 

12.  Action  to  recover  a statutory  penalty  for  running  a train  through  a city  faster 
than  allowed  by  ordinance;  it  is  immaterial  that  a signal  was  given  as  the  train  ap- 
])roached  crossings;  C.  & E.  1.  RR.  Co.  v.  People,  24  App.,  502. 

13.  To  run  a fast  train,  with  unabated  speed,  through  a town,  where  persons  are 
liable  — at  all  times  — to  be  ou  the  track  is  great  negligence;  Chi.  & A.  RR.  Co.  v. 
Gregory,  58  HI.,  226. 

Twenty-second  — To  rep^ulate  tlie  numbering  of  houses  and  lots. 
Twenty-tliird  — To  name  and  change  the  name  of  any  street,  avenue, 
alley,  or  other  public  place. 

Twenty -fourth  — To  permit,  regulate  or  prohibit  the  locating,  con- 
structing or  laying  a track  of  any  horse  railroad  in  any  street,  alley  or 
])ublic  place;  but  such  permission  shall  not  be  for  a longer  time  than 
twenty  years. 

1.  See  Additional  Laws  — Streets,  as  to  “Elevated  Railways”  and  “ Horse  and 
Dummy  Railroads”. 

2.  The  prohibition,  by  constitution,  as  to  the  grant  of  special  or  exclusive  privileges, 
can  not  be  construed  as  a limitation  on  the  power  of  a tnunicipal  corporation  to 
designate  streets  and  fix  the  conditions  on  which  a railway  company,  organized  un- 
der a special  charter,  previouslv  granted,  may  build  and  operate  its  ro!M;  C.  C.  Ry. 
Co.  V.  People,  73  HI.,  542. 

3.  A city  may  allow  the  construction  of  a railroad  upon  streets  or  alleys  within  the 
corporate  limits;  C.  & N.  VV.  Ry.  Co.  v.  People,  91  111.,  251. 

4.  Under  the  constitution  the  legislature  can  not  grant  the  right  to  construct  and 
operate  a street  railway  within  any  city,  town  or  incorporated  village,  exce))t  by  re- 
(piiring  the  consent  of  the  local  authorities,  having  control  of  the  streets  or  highways 
proposed  to  be  occupied  by  such  railroad.  This  applies  to  horse  railways;  Metro.  C. 
Ry.  Co.  V.  (diicago,  96  111.,  620. 

*5.  The  power  in  city  councils  to  grant  the  use  of  streets  for  railway  purposes  can 
not  be  exercised  until  the  requisite  number  of  lot  owners  along  the  street,  by  peti- 
tion, authorize  its  exercise;  Hunt  t\  Chi.  H.  «&  D.  Ry.  Co.,  121  111.,  642. 

6.  Council  of  a city  incorporated  under  this  statute  has  no  power  to  grant  to  a 
horse  or  dummy  railway  the  use  of  any  street  without  ])etition  of  owners  of  more 
than  one-half  the  land  frontage  on  such  street;  Hunt  v.  Chi.  II.  & D.  Ry.  Co.,  121 
111.,  642. 

7.  The  statute  of  1874,  as  to  horse  and  dummy  railroads,  re])ealed  the  recpiirement 
of  the  general  city  incorporation  law  as  to  the  petition  of  adjoining  ])roperty  owners 
to  the  grant  of  a right  to  lay  tracks;  Hunt  v.  Chi.  H.  & D.  Ry.  Co.,  20  App.,  282. 


Towers  of  the  City  Council. 


51 


8.  The  general  incorporation  law  — cities  — does  not  authorize  the  granting  of  a 
right  to  use  streets  for  freightage  purposes  to  a railroad  built  for  passenger  use, 
without  a petition  of  property  owners;  M'Cartney  v.  Chi,  & E.  KR.  Co.,  112  111.,  637. 

b.  The  right  of  corporation  to  condemn  property  and  appropriate  the  same  for  the 
construction  and  operation  of  a horse  or  dummy  railway,  on  a street  is  derived  solely 
from  the  state  law.  The  consent  of  city  authorities  to  the  construction  and  operation 
of  such  railway  is  not  a condition  precedent  to  proceedings  to  condemn.  Such  con- 
sent can  be  obtained  after  condemnation,  as  well  as  before,  and,  if  given,  is  a mere 
license,  revocable  at  auy  time  before  it  is  acted  on;  Met.  C.  Ky.  Co.  v.  C.  W.  D.  Ry. 
( o..  87  111 .,  317. 

10.  Power  in  a railroad  company  to  contract  with  a horse  railway  company  for  a 
joint  or  separate  operation  of  either  or  both  roads  is  not  a limitation  on  a right  of 
entry  in  to  a city;  M’Cartney  v.  Chi.  & E.  RR.  Co.,  112  111.,  828. 

11.  An  incorporated  town,  clothed  with  a general  police  power  over  its  streets  and 
with  a like  general  power  over  the  subject  of  nuisances,  has  the  right  and  authority 
to  pass  au  ordinance  requiring  a city  railway  company  to  make  its  railway  track, 
located  in  and  along  any  of  its  streets,  conform  to  the  requirements  thereof,  so  as  to 
enable  wagons,  carriages  and  other  vehicles  to  pass  over  its  track  without  incon- 
venience or  danger  and  to  punish  for  a failure  so  to  do;  N.  C.  C.  Rv.  Co.  v.  Lake 
View,  105  111.,  184. 

11:^.  A doubt  as  to  a charter  right  to  lay  tracks  in  city  streets  may  be  solved  by  an 
ordinance,  giving  the  right,  confirmed  by  statute;  M’Cartney  v.  Chi.  & E.  RR.  Co., 
112  111.,  631. 

12.  Authority  to  build  either  a horse  railway  or  a steam  railroad  within  a city  con- 
fers a continuing  option,  as  to  the  motive  power,  which  may  be  exercised  from  time  to 
time:  M’Cartney  v.  Cbi.  & E.  RR.  Co.,  112  111.,  630. 

13.  Cities  alone  can  question  the  right  of  a railroad  company  to  lay  its  track  on  a 
city  street;  Cook  Co.  xi.  Gr.  W.  RR.  Co.,  119  111.,  223. 

14.  An  ordinance  which  limits  the  use  by  a company,  accepted  by  the  company 
with  an  express  avowal  in  accord  with  the  limitation,  does  not  prohibit  the  acquisi- 
tion of  enlarged  rights  in  future;  M’Cartney  v.  Chi.  & E.  RR.  Co.,  112  111.,  628. 

15.  Mandamus  to  compel  a company  to  construct  its  track  under  ordinance  accepted 
to  construct  “as  soon  as  the  same  can  be  constructed,  operated  and  kept  in  repair 
without  actual  loss”;  answer  that  it  can  not  be  now  so  constructed;  demurrer  to 
answer  properly  overruled;  People  v.  C.  W.  D.  Ry.  Co.,  18  App.,  127. 

16.  Ordinance  granting  a right  to  construct  and  operate  a track  on  a portion  of  a. 
street,  on  certain  conditions,  accepted  by  the  company  so  as  to  become  a contract; 
the  citv  can  not  change  the  terms  of  the  grant  without  the  companv’s  consent;  People 
r.  C.  W.  D.  Ry.  Co.,  118  111.,  116. 

17.  Ordinance  granting  a right  to  extend  a track  from  the  then  terminus  to  the  city 
limits,  to  a certain  park  within  a certain  time  and  thence  to  the  limits  so  soon  as  could 
be  without  actual  loss;  that  it  could  not  be  built  etc.  without  actual  loss  is  good  rea- 
son for  not  compelling  it;  People  v.  C.  W.  D.  Ry.  Co.,  118  111.,  116. 

18.  A proviso,  in  a city  ordinance,  granting  certain  privileges  to  a railroad  com- 
])any,  that  such  railroad  company  shall  be  subject  to  all  laws  and  ordinances  that 
might,  thereafter,  be  passed  to  regulate  railroads  in  the  city  means,  only,  that  such 
company  shall  be  subject  to  all  reasonable  and  legal  ordinances  for  the  regulation  of 
the  road.  It  can  not  have  the  scope  to  require  the  company  to  abandon,  or  take  up 
and  remove,  its  track  at  the  bidding  of  a common  council;  C.,  R.  I.  & P.  RR.  Co.  v. 
Joliet,  79  111.,  25. 

19.  Attorney  general  may  file  an  information  to  enjoin  the  construction  of  a horse 
railway  on  city  streets;  Huut  v.  Chi.  H.  & D.  Ry.  Co.,  20  App.,  282. 

20.  lie  has  a right  to  proceed  to  enjoin  the  occupation  of  a public  city  street  by  a 
horse  and  dummy  railway,  it  not  being  authorized  by  the  proper  authorities;  Hunt  v. 
Chi.  II.  & D.  Ry.'Co.,  121  111.,  642. 

Twenty-fifth  — To  provide  for  and  change  the  location,  grade  and 
crossings  of  any  railroad. 

1.  Within  their  limits  cities  have  exclusive  authority  over  the  matter  of  railroad 
crossings  on  streets;  Cook  Co.  v.  G.  W.  RR.  Co.,  119  111.,  223. 

2.  This  clause,  in  connection  with  clause  9,  vests  city  councils  with  exclusive  con- 
trol and  management  of  city  streets  and  the  location  of  railroad  tracks  and  repeals 
art.  5,  § 1 of  Chicago  charter  of  1867;  Chi.  D.  & C.  Co.  v.  Garrity,  115  111.,  161. 


52  Powers  oe  the  City  Counxhl. 

3.  This  section  is  no  liinitiition  until  the  power  is  exercised;  C.  & W.  I.  Klh  Co.  v. 
Dunbur,  100  111.,  110. 

4.  In  the  absence  of  exi)ress  provision  in  its  charter  to  the  contrary,  a railroad  com- 
pany is  under  obligation  to  leave  every  highway  that  it  crosses  in  a safe  condition 
for  the  use  of  the  })ublic;  People  «.  C.  A.  RR.  Co.,  07  111.,  118. 

5.  Authority  to  construct  a railroad  “ from”  a city  means  from  any  point  within 
such  city;  ('hi.  & N.  W'.  RR.  (’o.  r.  Chi.  & E.  RR.  Co.,  112  11!.,  o08;  M’Cartney  v. 
Chi.  & E.  \{\i.  Co.,  112  111.,  020. 

0.  Where  the  municipal  authorities,  with  the  assent  of  a railroad,  discontinued  a 
road  crossing,  which  was  considered  dangerous,  and  substituted  another,  a short  dis- 
tance from  the  old  one,  it  was  held  that  the  compaiiy  was  not  exonerated  from  the 
duty  of  keeping  up  such  new  crossing;  People  i\  C.  & A.  RR.  Co.,  07  111.,  118. 

7.  It  may  be  regarded  as  the  settled  law  of  this  state  that  an  owner  of  an  abutting 
lot  can  not  ])revent  the  use  of  a street  for  a railway,  when  smdi  use  is  permitted  by 
the  city  and  is  authorized  by  an  act  of  the  legislature.  Win  r(;  tin*  fe(!  remains  in 
the  lot  owner,  this  is  different;  Stetson  v.  C.  & E.  RR.  Co.,  7d  111.,  74. 

Twenty-sixth  — To  reej  uire  milrocid  companies  to  fence  tliei r respective 
railroads,  or  any  portion  of  the  same,  and  to  construct  ctittle  guards, 
crossings  of  streets  and  public  roads,  and  keep  the  saimj  in  repair,  within 
the  limits  of  the  corporation.  In  case  any  railroad  company  sliall  fail 
to  comply  with  any  such  ordinance,  it  shall  be  liable  for  all  damages 
the  owner  of  any  cattle  or  horses  or  other  domestic  animal  may  sustain 
by  reason  of  injuries  thereto  while  on  the  track  of  such  railroad,  in 
like  manner  and  extent  as  under  the  general  laws  of  this  state,  relative 
to  the  fencing  of  railroads ; and  actions  to  recover  such  damages  may 
be  instituted  before  any  justice  of  the  peace  or  other  court  of  compe- 
tent jurisdiction. 

Twenty-seventh  — To  require  railroad  companies  to  keep  tlagnien  at 
railroad  crossings  of  streets,  and  provide  protection  against  injury  to 
persons  and  property  in  the  use  of  such  railroads.  To  compel  such 
railroad  to  raise  or  lower  their  railroad  tracks  to  conform  to  any  gi’ade 
which  may,  at  any  time,  be  established  by  such  city,  and  where  such 
tracks  run  lengthwise  of  any  such  street,  alley  or  highway,  to  keep 
their  railroad  tracks  on  a level  with  the  street  surface,  and  so  that  such 
tracks  may  be  crossed  at  any  place  on  such  street,  alley  or  highway. 
To  compel  and  require  railroad  companies  to  make  and  keep  open  and 
to  keep  in  repair  ditches,  drains,  sewers  and  culverts  along  and  under 
their  railroad  tracks,  so  that  hlthy  or  stagnant  pools  of  water  can  not 
stand  on  their  grounds  or  right  of  way,  and  so  that  the  natural  drain- 
age of  adjacent  property  shall  not  be  impeded. 

1.  An  ordinance  wbicb  requires  a railroad  company  to  keep  a flagman  by  day  and  a 
red  lantern  by  night  at  a certain  street  crossing,  such  crossing  appearing  to  be  un- 
usually dangerous  — or  more  so  than  ordinary  crossings  — is  not  unreasonable  and  is 
within  the  constitutional  limitation  on  the  exercise  of  the  police  power;  Tol.  etc. 
Ry.  Co.  i\  Jacksonville,  67  111.,  37. 

2.  Servants  of  a company,  knowing  a crossing  to  be  a dangerous  one,  are  guilty  of 
criminal  misconduct — or  very  gross  negligence  — in  running  a train  without  steam, 
on  a down  grade,  in  a comparatively  noiseless  manner,  at  a rapid  rate  of  speed,  with- 
out sounding  the  whistle  or  ringing  the  bell,  the  crossing  being  near  a populous 
city;  C.,  B.  & Q.  RR.  Co.  -y.  Payne,  59  111.,  534. 

3.  The  legislature  has  the  power,  by  the  enactment  of  general  laws — from  time 
to  time,  as  the  public  exigencies  exist  — to  regulate  corporations,  in  the  exercise  of 
their  franchises,  so  as  to  provide  for  the  public  safety  A corporation  i as  much  sub- 
ject to  the  general  police  laws  as  is  any  individual  pursuing  his  lawful  business; 
Gal.  & Chi.  Un.  RR.  Co.  v.  Loomis,  13  Ili.,  548. 


Powers  of  the  City  Council. 


53 


4.  A corporation  holds  its  rights  and  franchises  subordinate  to  the  general  welfare 
of  society.  It  is  under  the  control  of  and  required  to  conform  to  the  general  laws  of 
the  state;  ]>reciselvas  if  it  were  a real  — and  not  an  artificial  — person;  O.  & M.  RR. 
Co.  V.  M’( 'lei land,  25  111.,  142. 

Tweiity-eiglitli  — To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof. 

1.  See  Additional  Laws  — Ferries  and  Bridges. 

2.  A bridge  is  but  a street,  or  highway,  over  water.  The  fee  of  such  portion  of 
the  river  as  is  measured  by  the  width  of  the  street  of  which  the  bridge  forms  a part 
is  in  the  corporation.  It  is,  therefore,  competent  for  the  corporation  to  devote  such 
portion  of  the  river  to  any  use  which,  in  the  judgment  of  its  authorities,  shall  be 
deemed  most  promotive  of  the  public  interests,  subject,  only,  to  the  paramount  ease- 
ment of  navigation;  Chicago  v.  M’Ginn,  51  111.,  266. 

3.  The  power  to  erect  and  keep  bridges  in  repair  implies  the  authority  to  employ 
the  means,  necessary  and  proper  to  the  end.  The  imposition  of  fines  for  a wilful  or 
negligent  injury  to  such  structures  would  not  be  an  improper  means  of  aiding  to 
keep  them  in  repair;  Korah  v.  Ottawa,  32  111..  121. 

4.  If,  without  objection  of  the  trustees,  a bridge  is  built  across  a canal,  within  a 
city,  the  city  has  ample  authority  to  make  approaches  thereto  and  to  exercise  con- 
trol over  them.  Where,  in  such  case,  the  city,  in  the  exercise  of  its  authority,  un- 
dertakes to  make  the  passage  ways  to  a bridge  so  erected  it  is,  beyond  doubt,  under 
obligation  so  to  exercise  its  authority  as  not  to  endanger  the  lives  or  limbs  of  its  in- 
habitants ; Joliet  Verley,  35  111.,  58. 

5.  Under  the  general  incorporation  law,  cities  and  villages  have  the  control  of  and 
power  to  construct  bridges  and  regulate  their  use;  M’Cartney  v.  Chi.  & E.  RR.  Co., 
112  111  , 635. 

6.  All  municipal  corporations  have  the  power  and  it  is  their  duty  to  keep  in  repair 
the  bridges  within  their  corporate  limits.  If  injury  results  to  an  individual  by  rea- 
son of  a neglect  of  this  duty,  the  corporation  must  respond  in  damages;  Mechanics- 
burg -y,  Meredith,  54  111.,  84. 

7.  It  is  the  duly  to  keep  and  maintain  bridges  in  a reasonably  safe  condition.  It 
is  not  required  so  to  construct  them  that  accidents  to  persons  using  them  shall  be 
impossible;  Gavin  v.  Chicago,  97  111.,  66. 

8.  It  is  the  duty  of  a municipal  corporation  — not  the  law  — to  make  bridges  in 
its  streets  absolutely  secure,  or  to  fully  protect  the  public  from  injury.  It  is  its 
duty  to  exercise  ordinary  prudence  to  accomplish  such  result.  What  is  required  by 
ordinary  prudence  is  a question  of  fact — for  the  j ury;  Grayville  i;.  Whitaker,  85  111.  ,439. 

9.  Village,  by  suffering  a bridge  to  be  used  by  the  public  without  seeing  that  it  is 
safe,  is  liable  for  resulting  injury;  Marseilles  v.  Howland,  124  111.,  552. 

10.  Bridge  abandoned  by  a private  corporation  owning  it;  the  care  of  the  street  on 
which  it  is  reverts  to  and  imposes  the  duty  on  the  village  to  maintain  or  close  the 
bridge;  Marseilles  c.  Howland,  23  App.,  101. 

11.  Toll  bridge  becoming  free  by  highway  commissioners’  purchase;  being  located 
within  an  incorporated  village,  the  village  authorities  control,  repair  etc.  it,  to  the 
exclusion  of  the  commissioners,  and  are  not  relieved  of  the  duty  in  respect  of  it  by 
an  assumed  control  of  the  commissioners;  Marseilles  v.  Howland,  124  111.,  551. 

12.  In  such  case  formal  acceptance  by  the  authorities  of  a village  in  which  it  is 
located  is  not  necessarv  to  render  the  village  responsible  for  its  safety;  Marseilles  v. 
Howland,  121  111.,  55L 

13.  To  avoid  liability  for  not  keeping  in  repair  a toll  bridge  acquired  by  a village 
by  its  becoming  free  affirmative  action  is  required  — as  to  condemn  and  close  it  as  a 
nuisance  or  to  vacate  the  street  on  which  it  is;  Marseilles  v.  Howland,  124  111.,  551. 

14  A bridge  built  by  a railway  company  over  a navigable  river  within  a city  and 
bv  its  authority  is  deemed  to  have  been  built  by  the  city;  M’Cartney  v.  Chi.  & E. 
RR.  Co.,  112  111.,  636. 

15.  Contribution  of  material  aid,  by  an  individual,  to  the  execution  of  a public 
work,  not  unlawful  per  se,  does  not  necessarily  invmlve  the  individual’s  liability  for 
injury  resulting  to  private  rights;  Culb.  & B.  P.  & P.  Co.  v.  Chicago,  111  111.,  660. 

16.  A city  having  the  exclusive  control  of  the  streets  within  its  limits,  township 
authorities  can  not  levy  a tax  on  the  citizens  of  such  city  for  the  purpose  of  erecting 
a bridge  within  it;  Ottawa  v.  Walker,  21  111.,  608. 


54 


Powers  oe  the  City  Council 


17,  A rity  uloiu^  lias  autliority  to  liuiM  a viaduct  in  its  street;  tlmt  it  is  aided  by 
money  and  engineering  services  o(‘  an  individual  l(.*aves  the  viaduct  still  city  pro- 
jierty;  Cull).  & IL  P,  & 1\  Co.  c.  Cliicago,  111  111.,  058. 

18.  Injury  to  n; version  by  the  construction  of  a viaduct  near  the  property  and  rais- 
ing the  street  grade,  rendering  access  dillicult;  testimony  that  the  property,  as  a 
whole,  was  damaged  and  stating  the  damage,  competent;  Chicago  o.  APDonough, 
112  111.,  89. 

Twenty-iiintli  — To  constrtict  and  kec])  in  repair  culverts,  drains, 
sewers  and  (cesspools,  and  to  regulate  the  use  thereof. 

Thirtieth  — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change  the 
channel  of  water  courses. 

Thirty-first  — To  construct  and  keep  in  repair  canals  and  slips  for 
the  acconiniodation  of  commerce. 

Thirty-second  — To  erect  and  keep  in  repair  public  landing  places, 
wharves,  docks  and  levees. 

1.  See  Additional  Laws  — Landings  and  Levees. 

2.  The  power  to  erect  and  keep  in  repair  public  landing  places  and  the  like  is  con- 
sidered  to  be  a discretionary  power,  which  a city  is  not  bound  to  exercise.  For  a 
failure  to  exercise  it  it  is  not  liable.  If,  however,  it  attempts  its  exercise  it  will  be 
liable  if  an  injury  results  from  a negligent  performance;  (ioodrich  v.  Chicago,  20 
111.,  445. 

3.  A city  can  not  enjoin  the  erection  of  buildings  on  premises  occupied  by  a w^harf, 
alleged  to  extend  in  to  a navigable  stream,  on  the  ground  that,  in  the  future,  the  city 
may  condemn  the  premises,  for  bridge  ])urposes;  Chicago  v.  lieed,  27  App.,  482. 

Thirty-third  — To  regulate  and  control  the  use  of  public  and  j^nvate 
landing  places,  wharves,  docks,  and  levees. 

Thirty-fourth  — To  control  and  regulate  the  anchorage,  moorage  and 
landing  of  all  water  craft  and  their  cargoes  within  the  jurisdiction  of 
the  corporation. 

Thirty-fifth  — To  license,  regulate  and  prohibit  wharf-boats,  tugs 
and  other  boats  used  about  the  harbor  or  within  such  jurisdiction. 

Thirty-sixth  — To  hx  the  rate  of  wharfage  and  dockage. 

Thirty-seventh — To  collect  wharfage  and  dockage  from  all  boats, 
rafts  or  other  craft  landing  at  or  using  any  public  landing  place,  Avharf, 
dock  or  levee  within  the  limits  of  the  corporation. 

Thirty -eighth  — To  make  regulations  in  regard  to  the  use  of  harbors, 
towing  of  vessels,  opening  and  passing  of  bridges. 

1.  A village  is  authorized  to  require  a license  taken  out  and  paid  for  for  the  letting 
of  skilfs  and  row  boats  for  hire;  Foyer  v.  Desplaines,  22  App..  576. 

2.  An  ordinance  leaving  the  fee  for  such  a license  to  the  board  of  trustees  is  not 
unreasonable;  Foyer  v.  Desplaines,  22  App.,  576. 

Thirty-ninth  — To  appoint  harbor  masters,  and  define  their  duties. 

Fortieth  — To  provide  for  the  cleansing  and  juirification  of  waters, 
water  courses  and  canals,  and  the  draining  or  filling  of  ponds  on  pri- 
vate property,  whenever  necessary  to  prevent  or  abate  nuisances. 

Forty-first  — To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatrical  and 
other  exhibitions,  shows  and  amusements,  and  to  revoke  such  license  at 
pleasure. 

1.  The  constitutional  provision  (art.  9,  § 1),  declaring  that  the  general  assembly  shall 
have  power  to  tax  peddlers,  auctioneers,  brokers  etc.,  does  not  operate  to  prohibit  all 


Powers  of  the  City  Coujtcil.  55 

other  bodies  to  tax  the  persons  enumerated,  for  any  purpose  other  than  for  state 
revenue  — the  legislature  may  authorize  municipal  bodies  to  tax  such  persons;  Wig- 
gins L\  Chicago,  68  III.,  872. 

2.  'Fhe  term  “ peddler  ”,  as  h(;re  used,  is  used  in  its  general  and  unrestricted  sense. 
It  fully  embraces  ])ersons  engaged  in  going  through  a city,  from  house  to  house,  and 
selling  milk  in  small  (luantities  to  different  persons  — this,  although  they  may  have 
regular  customers  to  whom  they  daily  sell  milk;  Chicago  v.  Bartel,  100  111.,  57. 

3.  A pawnbroker  is  one  engaged  in  the  business  of  receiving  personal  pro])erty  in 
pledge,  or  as  a security  for  money,  or  other  thing,  advanced  to  pledgor  (see  Stat., 
June  4,  1879.  L.  1879,  p.  219);  Chicago  v.  Ilulbert,  118  111.,  633. 

4.  A pawnbroker  must  be  engaged  in  the  business  of  taking  property  in  pledge  for 
money  advanced  as  a regular  business  and  must  be  engaged  in  receiving  property  iu 
pledge  for  money  etc.  advanced  or  loaned;  Chicago  v.  Hulbert,  118  111.,  533. 

5.  A city  may  license,  tax,  regulate  etc.  pawnbrokers;  it  has  no  power  to  determine 
who  is  or  may  be  a pawnbroker;  Chicago  v.  Hulbert,  118  111.,  633. 

6.  It  is  purely  discretionary  to  license  and  regulate  or  wholly  to  suppress  pawn- 
brokers’ business;  Launder  c.  City,  111  III.,  296. 

7.  A city  may  license,  tax,  regulate  etc.  pawnbrokers;  it  has  no  power  to  deter- 
mine who  is  or  may  be  a pawnbroker;  Chicago  o.  Hulbert,  118  111.,  633. 

8.  In  an  incorporated  city  one  may  loan  money  — his  own  or  another’s  — on  com- 
mission and  take  security  mortgage,  on  real  or  personal  property,  stocks,  notes  or 
warehouse  receipts  without  becoming  a pawnbroker;  Chicago  v.  Hulbert,  118  111., 
633. 

9.  Ordinance  requiring  pawnbrokers  to  make  daily  report  of  all  property  etc.  re- 
ceived on  deposit  or  purchased,  with  description  of  the  person,  is  not  unreasonable; 
Launder  v.  Chicago,  111  111.,  297. 

Forty-second  — To  license,  tax  and  regulate  hackrnen,  draymen,  om- 
nibus drivers,  carters,  cabmen,  porters,  expressmen,  and  all  others  pur- 
suing like  occupations,  and  to  prescril)e  their  compensation. 

1.  This  is  an  ordinary  police  regulation,  to  protect  the  public  against  extortion. 
One  who  uses  a vehicle  only  in  the  course  of  his  ordinary  private  business  and  not 
for  hire,  does  not  come  within  the  reason  or  necessity  of  such  a regulation;  Joye  v. 
E.  St.  L.,  77  III.,  156. 

2.  This  section  will  not  embrace  a farmer  driving  his  team  through acitv;  Collins- 
ville w.  Cole,  78  111.,  114. 

3.  Wagons  kept  and  used  by  a wholesale  merchant,  for  the  purpose  of  transfer- 
ring goods  sold  by  him  to  depots  or  wharves  for  shipment,  the  vendee  being  charged 
a sum  of  money  for  such  transfer,  are  not  wagons  kept  for  hire,  and  the  merchant  is 
not  within  this  section;  Farwell  v.  Chicago,  71  111.,  269. 

4.  Licensing  of  wagons  carrying  loads  from  within  the  city  to  points  without,  held 
to  be  authorized,  in  consideration  of  the  use  of  the  streets  by  such  wagons,  the 
license  fee  charged  being  reasonable;  Gartside  v.  E.  St.  L.,  43  111.,  47. 

5.  Under  a power  to  tax,  license  and  regulate  a business,  a city  may  not  directly 
prohibit  such  business  or  adopt  such  unreasonable  regulations  as  will  produce  such 
a result,  or  even  be  oppressive  and  highly  injurious  to  the  business;  Wiggins  v. 
Chicago,  68  Hi.,  372. 

Forty-third  — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  oi'  persons. 

Forty-fourth  — To  license,  regulate,  tax  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or  implements  kept 
or  used  for  a similar  purpose  in  any  place  of  public  resort,  pin  alleys 
and  ball  alleys. 

Forty-fifth  — To  suppress  bawdy  and  disorderly  houses,  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within 
three  miles  of  the  outer  boundaries  of  the  city;  and  also  to  suppress 
gaming  and  gambling  houses,  lotteries,  and  all  fraudulent  devices  and 
practices  for  the  purpose  of  gaming  or  obtaining  money  or  property ; 


I’OWEKS  OF  THE  CiTY  COUNCIL. 


5() 

and  to  ]')rohil)it  the  sale;  oi*  exliihition  of  obscene  or  immoral  publica- 
tions, prints,  pictures  or  illustrations. 

1.  Unless  tlio  frrant  ol'  ])0\v<n-,  to  si  municipal  corporsition,  to  rogulsite  gamblinof 
houses  Sind  gsiming,  is  (‘xclusivi;,  the  general  law  is  not  inopei-ati ve;  Berrv  v.  People, 
aO  111.,  428. 

2.  “ An  act  to  isievent  the  licensing  of  houses  of  ill-fame,  and  the  official  inspec- 
tion or  medical  (‘xamination  of  the  inmates  tlienuif.  in  the  iucorporsited  cities,  towns 
and  villages  of  this  state.”  [Ajiproved  and  in  force  March  27,  18741  shall  be 
unhiwful  for  the  cor])orate  authorities  of  any  city,  town  or  village  in  this  state  to 
grsint  a licensi'  to  siny  per.son,  male  or  female,  to  kee]>  what  is  known  as  si  house  of 
ill-fsinu^  or  house  of  prostitution.  And  it  shall  be  unlawful  for  any  board  of  health 
(oi  any  member  or  emjsloye  of  the  same)  now  existing,  or  which  may  hereafter  exist 
under  the  laws  of  this  state,  to  interfere  in  the  management  of  any  liouse  of  ill-fame 
or  house  of  ])rostitution,  or  to  provide  in  any  manner  for  the  medical  inspection  or 
examination  of  siny  inmate  of  the  same. 

8.  The  convm’sion  of  a dwelling  house  into  a house  of  prostitution  is  such  a change 
in  the  charsictm- of  the  occuiiation  as  to  render  an  insurance  policy  void;  Cedar  R. 
Ins.  Co.  V.  Shimi),  1(5  App.,  2o7. 

Forty-sixth  — To  license,  regulate  atid  prohibit  the  selling  or  giving 
away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor,  the 
license  not  to  extend  beyond  the  municipal  year  in  which  it  shall  be 
granted,  and  to  determine  the  amount  to  be  paid  for  such  license. 
Provided,  that  the  city  council  in  cities,  or  president  and  board  of  trus- 
tees in  villages,  may  grant  permits  to  druggists  for  the  sale  of  liquors 
for  medicinal,  mechanical,  sacramental  and  chemical  purposes  only, 
sulqect  to  forfeiture,  and  under  such  restrictions  and  regulations  as 
may  be  provided  by  ordinance;  Provided,  further,  that  in  granting 
licenses  such  corporate  authorities  shall  comply  with  whatever  general 
law  of  the  state  may  be  in  force  relative  to  the  granting  of  licenses. 

1.  See  Additiomil  Laws  — Ixtoxtcatixo  Liquor. 

2.  'Hie  legislature  has  power  to  authorize  cities  to  prohibit  the  sale  of  liquor  or 
beer  by  retail;  Kettering  v.  Jacksonville,  50  111.,  89. 

3.  Wliere  incorporated  towns  have  the  exclusive  yirivilege  to  grant  license  within 
the  incorporated  limits  thereof,  the  county  authorities  have  no  right  or  authority  to 
interfere,  in  anv  manner,  with  the  granting  of  license;  Coulterville  v.  Gillen,  72 
111.,  509. 

4.  A power  to  suppress  groceries,  where  liquor  is  sold,  or  to  regulate,  license  and 
restrain  the  same,  gives  a discretion  to  prohibit  sales,  or  to  license  and  regulate  the 
traffic;  Schwuchow  r.  Chicago,  68  111.,  444. 

5.  Under  a power  to  “ license,  regulate  and  prohibit”  sales  of  intoxicants  the  pro- 
hibition need  not  be  total;  Dennehy  i\  Chicago,  120  111.,  631. 

6.  It  is  wholly  discretionary  to  license  and  regulate,  or  jiartially  or  entirely'  pro-  . 
hibit  the  traffic;  Gunnarssohn  r.  Sterling,  92  111.,  569. 

7.  An  ordinance  which  declares  the  selling  of  spirituous  liquors  a nuisance  and 
imposes  a fine  for  the  offense,  is  not  invalid,  for  repugnancy  to  the  general  statute 
prohibiting  a sale,  without  license,  in  a quantity  less  than  one  quart;  By'ers  r.  Pres’t 
etc.,  16  111.,  35. 

8.  An  incorporated  town  may'  provide,  by  ordinance,  against  the  sale  of  liquor  in 
quantity'  less  than  one  barrel,  without  a license.  Such  ordinance  is  not  repugnant  to 
the  general  law,  prohibiting  sale,  without  license,  in  quantities  less  than  one  quart; 
Byers  i).  Olney,  16  111.,  35. 

9.  Cities  may,  by'  ordinance,  regulating  the  sale  of  intoxicating  liquors,  exercise 
powers  in  excess  of  those  prescribed  by'  the  dram  shop  law  and  may  impose  greater 
penalties;  Pekin  v.  Smelzal,  21  111.,  468;  see  Hamilton  «.  Pre.s’t,  24  111.,  22. 

10.  The  passage  of  an  ordinance  declaring  the  selling  of  s])irituous  liijuor  a nui- 
sance does  not  repeal  the  state  law  in  respect  thereof.  A license  from  city  or  town 
authorities  will  protect  the  licensee;  but,  if  such  authorities  shall  refuse  to  issue  such 


Powers  of  the  City  Council.  57 

license,  the  genenil  law  would  be  violated  by  a sale  within  the  city  limits,  punishable 
thereunder;  Gardner  r.  l^eople,  20  111.,  480. 

11.  4'he  power  to  grant  licenses  for  the  sale  of  intoxicants  is  to  be  read  in  connec- 
tion with  the  dram  shop  act  of  1883  (see  Additional  Laws  — LiciUOU  Law);  Dennehy  v. 
Chicago,  120  111.  (5:31. 

12.  luider  this  statute  city  or  village  may  classify  sales  and  gifts  of  intoxicants  by 
quantity  or  purpos('  or  both,  and  make  different  charges  for  licenses,  subject  to  the 
dram  shop  act;  Dennehy  r.  (’hicago,  120  111.,  631. 

18.  And,  may  exact  a license  for  the  sale  of  intoxicants  in  excess  of  one  gallon  — 
as  of  wholesale  dealers;  Dennehy  v.  Chicago,  120  111.,  681;  an  ordinance  requiring  a 
license  before  making  sales  of  liquor  in  excess  of  one  gallon  is  valid;  Schumm  v. 
Gardiner,  25  App.,  688. 

14.  If  the  municipal  authorities  seek  to  refuse  a license  to  persons  of  habits  and 
character  rendering  them  unfit  to  be  licensed,  or  to  limit  the  number  of  dram  shop 
keepers  to  be  licensed,  they  must  do  so  by  ordinance.  In  such  case  it  would  seem 
that  provision  should  be  made  for  a fair  competition  among  suitable  persons,  seeking 
such  privileges;  Zanone  r.  Mound  C. . 108  111.,  555. 

15.  Under  a general  ordinance  for  licensing  dram  shops  in  a city,  there  is  no  right 
to  make  an  arbitrary  discrimination  in  granting  licenses.  There  can  not  be  a grant 
to  a favored  few  and  a refusal  to  one  who  is  admitted  to  be  a suitable  person  and 
who  has  in  all  res])ects  complied  with  the  ordinance  and  state  law;  Zanone  Mound 
C.,  103  111.,  555. 

16.  Sales  or  gifts  to  minors  etc.  of  intoxicants  in  any  quantity  — to  be  used  as  a 
beverage  — are  within  the  letter  and  spirit  of  the  inhibiting  statute;  Dennehv  v. 
(diicago,  120  111.,  631. 

17.  A prohibition  of  ail  sales  within  a city  as  a beverage  will  not  affect  the  manu- 
facture of  liijuors  to  be  sold  by  druggists  or  for  exportation  and  trade  outside  the 
city;  Dennehy  v.  Chicago,  120  111.,  681. 

18.  Under  a general  permit  a druggist  may  sell  in  quantities  exceeding  one  gallon; 
Dennehy  v.  Chicago,  120  111.,  631. 

19.  The  sale  of  intoxicating  liquor  in  less  quantity  than  one  gallon,  by  a regular 
druggist,  even  if  it  be,  in  good  faith,  for  medical  purposes  without  a license  or  per- 
mit to  do  so  by  the  proper  municipal  authorities,  is  prohibited  by  statute  (R.  S,,  1874, 
ch.  43);  a druggist  selling  under  such  circumstances  is  liable  for  the  penalty;  Wright 
V.  People,  101  ill.,  128. 

20.  Without  permit  or  license,  sale  of  liquors  by  a druggist  — even  011  prescription 
of  a physician  and  the  rejiresentations  of  purchasers  that  the  liquor  wanted  is  for 
medical  purposes  only  — are  without  justification;  at  least,  without  proof  that  the 
representations  made  were  true;  Noecker  r.  People,  91  111.,  494. 

21.  A village  ordinance  in-ohibiting  the  sale  or  giving  away  of  intoxicating  liquors 
within  the  corporate  limits,  concluded  with  a proviso  that  druggists  may  sell  such 
liquors  for  purely  medicinal,  chemical  and  sacramental  purpo.ses.  It  failed  to  pro- 
vide for  the  issue  of  any  written  permit.  This,  within  the  statute,  is,  of  itself,  a 
permit  to  all  druggists  in  the  village  to  sell,  for  the  purposes  named.  Having  such 
permit,  a druggist  is  not  re(piired  to  give  bond  under  the  dram  shop  act  (§  5);  Moore 
'V.  People,  109  ill.,  499. 

22.  A ])ermit  having  been  granted  to  a druggist,  to  sell  intoxicating  liquors  for 
medicinal  ])urposes,  under  a village  ordinance,  the  authorities  of  such  village  will 
not  be  pennitt(Ml  to  insist  that  it  is  not  a sufficient  warrant  for  the  sale  of  liquors 
under  it,  in  accordance  with  its  terms.  A municipal  corporation  will  not  be  allowed 
to  license  an  act  to  be  done  and,  then,  collect  a penalty  for  the  doing  of  it,  as  for  an 
unlawful  act;  Genoa  r.  A'an  Alstine,  108  111.,  558 

23.  Ordinance  re(juiring  druggists,  under  a heavy  penalty,  to  furnish,  to  the  city 
clerk,  a quarterly  statement,  in  writing,  showing  the  quantity  and  kind  of  liquor 
sold  and  to  whom  and  on  whose  prescription  or  assurance,  to  be  verified  by  the  drug- 
gist and  every  clerk  and  servant  in  his  emplov  is  unreasonable;  Clinton  v.  Phillips, 
58  111.,  102. 

24.  Under  a power  to  declare  the  selling,  giving  away,  or  the  keeping  on  hand  for 
sale,  within  a city,  a nuisance,  an  ordinance  making  possession  within  the  city  — 
W'lthout  anv  intention  to  sell  therein  — an  offense  is  invalid;  Sullivan  v.  Oneida,  61 
111.,  242. 

25.  Dealer  in  spirituous  liquors  failing  to  take  out  a license  does  not,  thereby, 
become  a debtor  to  the  city;  Chicago  v.  Enright,  27  App.,  559. 

8 


58 


Powers  of  the  (Jity  Council. 


2G.  Vendor  having  no  license  to  sell  intoxicating  li(juors,  at  re*tail,  has  no  action 
for  the  price  of  licpiors  so  sold,  in  violation  of  law;  Farrow  o.  Vedder,  19  App,,  805. 

27.  Although  a license,  to  keep  a drain  shop,  granted,  contains  no  condition  and 
rid'ers  to  no  ordinance!,  yet.  such  license  is  luild  to  be  granted  subject  to  ordinances 
lawfully  existing  at  the  time  of  the  grant  and  such  as  the  municipality  might  law- 
fully adopt;  Haldwin  c.  Smith,  82  111.,  102. 

28.  1 h(!  conti'ol  ol  tlii!  liejuor  tratlic  being  a police  regulation,  no  oiu!  can  acepiire 
such  a vested  right  ther<*in,  by  a license,  that  it  may  not  b(>  resumed  when  the  inter- 
ests of  society  reeiuire  it;  Schwuchow  Chicago,  08  111.,  444;  Wiggins  v.  Chicago 
08  111.,  872. 

29.  The  money  received  by  a city  for  a dram  shop  license  is  not  a tax  and  the  fund 
derived,  from  this  source,  is  not  required,  by  any  constitutional  provision,  to  be 
apjilied  solely  to  cor])orate  purposes.  The  legislature  may  give  it  direction;  E.  St.  L. 
V.  Trustees,  102  111.,  490. 

80.  If  school  trustees  are  entitled  to  a proportion  of  receipts  for  dram  shop  licenses 

the  city  is  the  trustee,  to  be  sued  for  their  recovery  — not  the  city’s  treasurer;  E.  St. 
L.  V.  Launtz,  20  Apj).,  044.  » 

81.  An  ordinance  of  city,  incorporated  under  general  law,  to  license  brewers  and 
distillers,  placing  the  fee  at  $500  per  annum  under  ])enalty  of  from  $100  to  $200  is 
valid;  U.  S.  Dist.  Co.  v.  Chicago,  112  111.,  22. 

82.  Assignment  of  a due  bill,  payable  in  whisky  or  wine,  does  not  constitute 
assignor  a dealer  in  liquors;  Schweyer  v.  Oberkoetter,  25  App.,  183. 

Forty-se  veil  til — The  foregoing  shall  not  be  construed  to  affect  the 
provisions  of  the  charter  of  any  literary  institution  heretofore  granted. 

Forty-eighth  — And  the  city  council  in  cities,  and  president  and 
board  of  trustees  in  villages,  shall  also  hav^e  tlie  power  to  forbid  and 
punish  the  selling  or  giving  away  of  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquor  to  any  minor,  apprentice  or  servant,  or 
insane,  idiotic  or  distracted  person,  habitual  drunkard,  or  person  intoxi- 
cated. 

1.  Sales  or  gifts  to  minors  etc.  in  any  quantity  — to  be  used  as  a beverage  — are 
within  the  letter  and  spirit  of  the  inhibiting  statute;  Dennehy  v.  Chicago,  120  111.,  081. 

2.  No  authority  is  conferred  to  sell  liquor  to  minors,  by  a license  to  keep  a dram 
shop,  except  on  the  written  order  of  parent,  guardian  or  family  })hysician,  or  to  a 
person  intoxicated.  It  is  the  vendor’s  duty  to  know  that  parties  to  whom  he  sells  are 
authorized  to  buy;  M'Cutcheon  v.  People,  09  111.,  001. 

3.  Sale  of  liquor  to  one  intoxicated;  it  is  not  necessary  to  show  that  the  buyer  was 
drunk  at  the  very  moment  of  the  sale  to  him;  sufficient  that  shortly  before  he  could 
not  “ walk  nor  talk  straight”;  Kammann  v.  People,  124  111.,  482. 

4.  To  constitute  “a  ])erson  in  the  habit  of  getting  intoxicated”,  there  must  be 
shown  frequent  intoxication  with  the  acquisition  of  an  involuntary  tendency  to  be- 
come so,  and  that  at  the  time  of  the  sale  the  habit  is  on  him;  Birr  v.  People,  24 
App.,  389. 

Forty-nintli  — To  establish  markets  and  market  houses,  and  provide 
for  the  regulation  and  use  thereof. 

1.  A city  ordinance  can  not  restrain  a merchant  or  dealer  in  family  groceries  from 
selling  vegetables  at  his  place  of  business,  outside  of  the  market  limits,  during  any 
portion  of  the  day,  under  pretext  of  regulating  markets;  Caldwell  v.  Alton,  38  111., 
410;  see  Bloomington  v.  ^^'ahl,  40  111.,  489;  Chicago  v.  Rumpff,  45  111.,  90. 

2.  A municipal  corporation  can  not  create  monopolies;  nor  confer  pecuniary  bene- 
fits on  any  portion  of  community  or  individuals  thereof;  such  regulations  must  be 
reasonable  and  uniform  in  operation;  Bloomington  v.  Wahl,  40  111.,  489;  Chicago  v. 
Rumpff,  45  111.,  90.  Although,  slight  inequalities  in  benefits  will  not  invalidate  its 
acts;  Chicago  v.  Rumpff.  45  111.,  90. 

3.  The  fact  that  a law  regulates  a trade  or  any  business  or,  in  some  degree,  operates 
as  a restraint  on  the  same,  does  not  render  it  obnoxious  to  any  constitutional  pro- 
vision; Hawthorn  r.  People,  109  III.,  803. 


Powers  of  the  City  Council. 


59 


4.  Power  to  regulate  a calling  or  business,  merely,  authorizes  exaction  of  a license 
fee;  that  the  fee  may  exceed  the  necessary  expense  of  the  license  and  inspection  does 
not  render  it  illegal  or  uureasonable;  Kinsley  o.  Chicago.  124  111.,  u(50. 

5.  The  power  to  license  certain  occui)ations  and  kinds  of  business,  specially 
enumerating  them,  must  be  construed  in  express  terms;  inhibiting  the  licensing  of 
all  trades  and  occupations  not  contained  in  the  enumeration.  There  is  no  power  to 
require  merchants  to  take  out  a license;  Cairo  v.  Bross,  101  111.,  478. 

0.  It  is  for  the  court  — not  a jury  — to  decide  whether  an  ordinance  is,  or  is  not,  in 
restraint  of  trade;  Peoria  v.  Calhoun,  29  111.,  317. 

Fiftieth  — To  regulate  the  sale  of  meats,  poultry,  fish,  butter,  cheese, 
lard,  vegetables,  and  all  other  provisions,  and  to  provide  for  place  and 
manner  of  selling  the  same. 

1.  Power  granted  to  regulate  the  sale  of  meats,  poultry  etc.  gives  power  to  require 
a license  to  sell;  Kinsley  r.  Chicago,  124  111.,  300. 

Fifty -first  — To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second  — To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third  — To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour, 
meal  and  other  provisions. 

1.  An  ordinance  requiring  that  all  fresh  water  fish  in  packages,  brought  in  to  the 
city  for  sale,  shall,  before  being  sold,  be  inspected  and  branded,  and  imposing  a 
penalty  for  its  violation,  does  not  apply,  to  render  liable  to  the  penalty,  one  who  sells 
such  fish  in  packages  not  inspected  and  branded,  when  such  packages  have  been 
made  up  from  others  which  were  duly  insj)ected  and  branded;  Chicago  v.  Hobson,  52 
111.,  482. 

Fifty-fourth  — To  regulate  the  inspection,  weighing  and  measuring 
of  brick,  lumber,  fire  wood,  coal,  hay,  and  any  article  of  merchandise. 

Fifty-fifth  — To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Fitty-sixth  — To  enforce  the  keeping  and  use  of  proper  weights  and 
measures  by  vendors. 

Fifty-seventh  — To  regulate  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth  — To  regulate  places  of  amusement. 

Fifty-ninth  — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth  — To  regulate  partition  fences  and  party  walls. 

Sixty-first  — To  prescribe  the  thickness,  strength  and  manner  of 
constructing  stone,  brick  and  other  buildings,  and  construction  of  fire 
escapes  therein. 

1.  A city  has  power  to  inquire  into  the  manner  of  the  erection  of  buildings  within 
its  limits,  to  determine  whether  or  not  the  lives  and  property  of  its  citizens  are  in 
danger.  The  employment  of  competent  persons  to  make  such  inquiries  is  a cor- 
porate purpose;  Eagan  v.  Chicago,  5 App.,  70. 

Sixty-second  — The  city  council,  and  the  president  and  trustees  in 
villages,  for  the  purpose  of  guarding  against  the  calamities  of  fire, 
shall  have  power  to  prescribe  the  limits  within  which  wooden  buildings 
shall  not  be  erected  or  placed  or  repaired,  without  permission,  and  to 
direct  that  all  and  any  building  within  the  fire  limits,  when  the  same 
shall  have  been  damaged  by  fire,  decay  or  otherwise,  to  the  extent  of 
fifty  per  cent,  of  the  value,  shall  be  torn  down  or  removed,  and  to  pre- 
scribe the  manner  of  ascertaining  such  damage. 


(10 


PoWEItS  OF  TIIK  CiTV  CoUNCII. 


1.  A cliuiso  in  tin;  cliarUn-  of  u municipal  corporation  giving  power  to  prescribe 
fire  limits  and  direct  the  removal  of  all  buildings  theiein  wlii(;li  may  be  damaged  to 
a certain  extent,  should  receive  a strict  construction  in  favor  of  the  owners  of  such 
buildings,  ruder  such  a power,  the  authorities  are  not  i)crmitted,  in  the  (iist  in- 
stanc.e.to  tear  down  and  remove  such  a building,  or  cause  tlie  same  to  be  done.  They 
are  empowered,  oidy,  to  direct  the  tearing  down  and  removal  of  such  building  and 
the  person  to  be  directed  is  the  owner.  'I'liis  must  first  be  done  before  the  corporate 
authorities  may  take  stringent  measures;  Louisville  v.  Webster,  108  111.,  410. 

2.  An  ordinance  declaring  that  a woodtm  roof  put  on  a building,  within  the  fire 
limits,  shall  be  deemed  a nuisance  and  reipiiring  the  city  marshal,  under  an  order 
from  the  mayor,  to  remove  the  same  is  a reasonable  exercise  of  the  police  power; 
King  i\  l)aveni)ort,  98  111.,  80o. 

8.  'i'he  general  statute,  in  respect  of  tenement  and  lodging  houses,  is  as  follows: 
“ An  act  for  the  regulation  and  inspection  of  tenement  and  lodging  houses,  or  other 
])laces  of  habitation.”  [.Vpproved  and  in  force  May  30,  1881.  L.  1881,  p.  155.]  “§  1. 
it  shall  be  the  duty  of  any  architect  or  architects,  builder  or  builders  of  or  other 
])ersou  or  persons  interested  in  any  ])r()jected  tenement,  lodging  houso'or  other  places 
of  habitation  in  any  incorporated  city  of  fifty  thou.sand  inhabitants,  to  submit  plans 
and  specifications  of  any  such  building  or  buildings  to  the  health  commissioner  or 
commissioners  of  such  incorporated  city,  that  the  said  health  cominis.sioner  or  com- 
missioners may  examine  the  said  plans  and  specifications,  for  his  or  their  approval  or 
rejection  as  to  the  proposed  plans  for  the  ventilation.of  rooms,  light  and  air  shafts, 
windows,  ventilation  of  water  closets,  drainage  and  plumbing.  ^ 2.  It  shall  be  the 
duty  of  any  plumber  or  other  person  or  persons  interested  in  the  contract  for  the 
])lumbing  work  of  such  building  or  buildings,  to  receive  a written  certificate  of  in- 
struction from  the  health  commissioner  or  commissioners  before  commencing  work 
on  the  said  building  or  buildings,  and  to  proceed  according  to  the  plans,  specifica- 
tions and  instructions,  as  approved  by  the  health  commissioner  or  commissioners  of 
said  city.  ^ 3.  It  shall  be  the  duty  of  any  plumber,  or  other  person  or  persons  in- 
terested in  the  plumbing  work,  after  the  completion  of  said  plumbing  work,  and 
before  any  of  the  said  plumbing  work  is  covered  up  in  any  building  or  buildings  or 
on  the  premises  connected  with  said  building  or  buildings,  to  notify  in  writing  the 
health  commissioner  or  commissioners,  that  said  building  or  buildings,  or  other 
premises,  are  now  ready  for  inspection,  and  it  shall  be  unlawful  for  any  plumber  or 
other  })erson  or  persons  to  cover  up  or  in  any  way  conceal  such  plumbing  work  in  or 
about  such  building  or  buildings,  until  the  health  commissioner  or  commissioners 
approve  of  the  same.  § 4.  If  any  architect  or  architects,  builder  or  builders,  violate 
the  provisions  of  this  act,  he  or  they  shall  be  fined  in  a sum  not  less  than  one  hun- 
dred nor  more  than  two  hundred  dollars  for  each  offense.  ^ 5.  If  any  plumber  or 
other  person  or  persons  interested  in  the  plumbing  work,  violate  any  of  the  provisions 
of  this  act,  he  or  they  shall  be  fined  in  the  sum  not  less  than  one  hundred  nor  more 
than  two  hundred  dollars  for  the  first  offense,  and  the  further  j)enalty  of  ten  dollars 
for  each  and  every  day  such  plumbers  or  other  interested  person  or  persons  shall, 
after  first  conviction,  neglect  or  refuse  to  comply  with  any  provisions  of  this  act  or 
the  written  instructions  of  the  health  commissioner  or  commissioners,  and  for  the 
second  offense,  a like  penalty  and  a forfeiture  of  his  or  their  license  to  do  business 
in  said  city  for  one  year  after  conviction.” 

Sixty-tliird  — To  prevent  tlie  dangerous  construction  and  condition 
of  chimneys,  lire  places,  hearths,  stoves,  stove  pipes,  ovens,  boilers  and 
apparatus  used  in  and  about  any  building  or  manufactory,  and  to  cause 
the  same  to  be  removed  or  placed  in  a safe  condition,  when  considered 
dangerous  ; to  regulate  and  prevent  the  carrying  on  of  manufactories, 
dangerous  in  causing  and  promoting  fires  ; to  prevent  the  deposit  of 
ashes  in  unsafe  |3laces,  and  to  cause  all  such  l)uildings  and  inclosures  as 
may  be  in  a dangerous  state  to  be  put  in  a safe  condition. 

Sixty-fourth  — To  orecL  (jiigiiie  houses,  and  provide  lire  engines,  hose 
carts,  hooks  and  ladders  and  other  implements  for  prevention  and  ex- 
tinguishment of  fires,  and  provide  for  the  use  and  management  of  the 
same  by  voluntaay  fire  companies  or  otherwise. 

Sixty-fifth — To  regulate  and  prevent  storage  of  gunpowder,  tar 
pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro-glycerine, 


PowEiiS  OF  THE  City  Council 


61 


petroleum,  or  any  of  the  products  thereof,  and  other  combustible  or 
explostve  material,  and  the  use  of  lights  in  stables,  shops  and  other 
places,  and  the  building  of  bonfires;  also,  to  regulate  and  restrain  the 
use  of  fire  works,  fii’e  crackers,  torpedoes,  roman  candles,  sky-rockets, 
and  other  pyrotechnic  displays. 

1.  Keeping  explosives  unguarded,  in  unsafe  quantities,  in  a place  and  under  cir- 
cumstances threatening  calamity  to  others  gives  an  action  for  such  damages  as  do 
occur  as  would  not  have  resulted  in  the  absence  thereof;  Wright  c.  C.  & N.  W.  Ry. 
Co.,  27  App.,  200. 

2.  A railroad  company  which  keeps  such  explosives — petroleum  — for  a time,  in 
its  warehouse  for  transportation,  violates  an  ordinance  prohibiting  their  storage 
within  a city;  Wright  v.  C.  & N.  W.  Ry.  (’o.,  27  App.,  200. 

Sixty-sixth  — To  regulate  the  police  of  the  city  or  village,  and  pass 
and  enforce  all  necessary  police  oi-dinances. 

1.  Under  this  clause  an  ordinance  for  the  regulation  of  labor,  trade  and  traffic,  on 
Sunday,  by  ordering  places  of  business,  with  certain  exceptions,  closed  is  valid; 
Chebanse  v.  M’Pherson,  15  App.,  311. 

2.  This  clause  authorizes  city  or  village  to  pass  an  ordinance  prohibiting  persons 
from  keeping  open  places  of  business  on  Sunday  for  the  sale  of  goods  etc. ; M’Pher- 
son V.  Chebanse,  114  111.,  49. 

Sixty-seventh  — To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth  — To  prescribe  the  duties  and  powers  of  a superinten- 
dent of  police,  policemen  and  watchmen. 

1.  The  statute  is  not  limited,  in  application,  to  the  organization  and  regulation  of 
a police  force  — it  may  embrace  a subject  matter  of  police  regulation,  under  the 
general  police  power  of  the  state;  M’Pherson  v.  Chebanse,  114  111.,  50. 

2,  It  is  a breach  of  duty  for  chief  of  police  to  make  known  business  transactions 
of  one,  reported  to  him,  under  law,  save  to  detect  and  punish  crime;  Launder  v. 
Chicago,  111  111.,  197. 

An  act  entitled  an  act  to  prevent  non  residents  from  serving  or  acting  as 

deputy  sheriffs,  special  policemen  or  special  constables.  [Approved 
June  19,  1893.  L.,  1893,  p.  2. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of  Illionis  represented 
in  the  g eneral,  assembly : That  it  shall  be  unlawful  for  the  sheriff  of  any 
county  or  the  corporate  authorities  of  any  city,  town  or  village,  to 
authorize,  empower,  employ  or  permit  any  person  to  act  as  deputy  sheriff, 
special  constable  or  special  policeman,  for  the  purpose  of  preserving  the 
peace,  who  is  not  a citizen  of  the  United  States,  and  has  not  been  an 
actual  resident  of  the  county  where  such  person  is  authorized  to  act,  as 
deputy  sheriff,  special  constable  or  special  policeman,  one  whole  year 
before  such  authorization. 

§ 2.  Any  sheriff  or  public  officer  violating  the  provision  of  this  act 
shall  be  deemed  guilty  of  a misdemeanor,  and  shall,  on  conviction,  be 
punished  by  a fine  of  not  less  than  $100  and  not  more  than  $500. 

Sixty-ninth  — To  establish  and  erect  calabooses,  bridewells,  houses 
of  correction  and  workhouses,  for  the  reformation  and  confinement  of 
vagrants,  idle  and  disorderly  persons,  and  persons  convicted  of  violat- 
ing any  city  or  village  ordinance,  and  make  rules  and  regulations  for 
the  government  of  the  same,  and  appoint  necessary  keepers  and  assist- 
ants. 

1.  See  Additional  Laws  — Houses  of  Correction. 

2.  The  offense  of  keeping  and  maintaining  a “calaboose,”  by  an  incorporated 
town,  is  not  a nuisance  against  the  statute;  Paris  v.  People,  27  111.,  74. 


I^OWKKS  OF  THK  Cl'I’V  COUNCIL. 


f.2 

Sevcnlietli — To  use  the  county  jail  for  tlie  eonrinement  or  punishment 
cf  oirenders,  subject  to  such  conditions  as  are  imposed  by  law,  and  with 
the  consent  of  the  county  board. 

Seventy-first  — ^fo  j)rovide,  by  ordinance,  in  regard  to  the  relation 
between  all  tlie  officers  and  employes  of  the  corporation  in  respect  to 
each  other,  the  corporation  and  the  people. 

1.  A municipal  corporation  is  not  liable  for  the  illegal  aad  unauthorized  acts  of  its 
oflicers,  in  administering  an  ordinance.  The  fact  that  the  trustees  adopted  the 
ordinance  and  a])pointed  the  town  constable  to  see  that  it  was  executed  would  not 
render  the  town  liable;  Odell  o.  Schroeder,  W 111.,  853. 

3.  A municipal  corjmration  will  be  liable  for  the  illegal  acts  of  its  ollicers  and  ser- 
vants, proceeding  contrary  to  law,  or  in  an  illegal  manner,  where  the  act  done  is 
within  the  corj)orate  ])ower  and  might,  lawfully,  have  been  done,  had  the  municipal 
authorities  proceeded  according  to  law;  Chicago  v.  Turner,  80  111.,  419. 

Seventy-second  — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  private 
place. 

1.  An  ordinance  which  authorizes  an  arrest  without  warrant,  for  breach  of  the 
peace  or  threats  of  breaches  is  not  invalid;  Main  v.  M’Carty,  15  111.,  441. 

2.  It  is  sufficient  to  constitute  a riot  that  two,  or  more,  persons,  being  together, 
actually  perform  an  unlawful  act,  with  force  and  violence,  against  the  person  or 
property  of  another,  or  a lawful  act  in  a violent  and  tumultuous  manner;  Dougherty 
V.  People,  4 Scam.,  179. 

3.  If  two  persons,  while  endeavoring  to  separate  two  others  and  prevent  their 
quarreling  and  fighting  are  struck,  the  one  by  one  of  the  combatants  and  the  other 
by  another  of  the  combatants,  they  both  acting  together,  this  is,  prima  facie,  a riot, 
on  the  part  of  those  persons  who  strike;  Logg  v.  People,  92  111.,  598. 

4.  The  unlawful  acts  of  one  rioter  are  the  acts  of  all  the  confederates;  Bell  v.  Mal- 
lory, 61  111.,  167. 

6.  City  ordinance  for  the  closing  of  places  of  trade  and  business  on  Sunday  is 
valid;  Chebanse  v.  M’Pherson,  15  App.,  311. 

6.  City  or  village,  incorporated  under  this  act,  may  pass  an  ordinance  prohibiting 
the  keeping  open  of  places  of  business  for  the  sale  of  goods  etc.  on  Sunday  and  pro- 
vide a penalty  for  its  violation;  M’Pherson  Chebanse,  114  111.,  49. 

7.  An  ordinance  prohibiting  the  keeping  open  of  places  for  the  sale  of  goods  etc. 
on  Sunday  is  not  inconsistent  with  the  statute  as  to  disturbing  the  peace  of  society 
on  Sunday;  M’Pherson  v.  Chebanse,  114  111.,  50. 

8.  See  Additional  Laws  — Riots. 

Seventy-tliird  — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth  — To  restrain  and  punish  vagrants,  mendicants  and 
prostitutes. 

1.  Ordinance  declaring  all  persons  vagrants  who,  not  having  visible  means  to  main- 
tain themselves,  are  found  without  eni])loyment,  loitering  or  rambling  about,  or 
staying  in  groceries,  drinking  saloons  etc.  To  authorize  a police  officer  to  arrest 
■without  warrant,  there  must  be  shown  a want  of  visible  means  of  support  — as  well 
as  the  other  facts;  Shanley  v.  Wells,  71  111.,  78. 

Seventy-lifth  — To  declare  what  shall  be  a nuisance,  and  to  abate  the 
same;  and  to  impose  fines  upon  parties  who  may  create,  continue  or 
suffer  nuisances  to  exist. 

1.  The  legislature  has  constitutional  authority  to  confer  on  an  incorporated  town 
to  declare  what  shall  be  a nuisance  and  to  abate  the  same.  An  ordinance  declaring 
that  swine  running  at  large  are  nuisances  and  providing  for  the  abatement  thereof  is 
valid;  Roberts  v.  Ogle,  30  111.,  459;  Leach  v.  Ellwood.  3 App.,  453. 

2.  Under  this  power  a municipality  has  the  authority  so  to  order  the  use  of  private 
property,  within  its  limits,  as  to  prevent  its  proving  dangerous  to  the  persons  and 
property  of  its  citizens;  C.,  B.  & Q.  RR.  Co.  d.  Haggerty,  67  111.,  113. 

3.  Power  given  to  a municipality  to  declare  what  shall  be  a nuisance  does  not 
authorize  a declaration  that  some  thing  is  a nuisance  wffiich  is  not  such  in  fact;  Des- 


Powers  of  the  City  Council. 


(i:{ 

Plaines  v.  Foyer,  128  111.,  850;  N.  C.  C.  Ry.  Co.  v.  Lake  View,  105  111.,  211;  tlmt 
which,  in  its  nature,  situation  and  use,  is  not  such;  Poyer  v.  DesPlaines,  18  App.,  225. 

4.  In  the  absence  of  a general  law,  of  the  city  or  state,  within  which  a given  struc- 
ture can  be  shown  to  be  a nuisance,  a city  can  not,  by  its  mere  declaration  that  it  is 
one,  subject  it  to  be  removed  by  any  person  supposed  to  be  aggrieved  or  even  by  the 
city  itself;  C.,  R.  I.  RR.  Co.  v.  Joliet,  78  111.,  25. 

5.  Continuance  of  a nuisance  is  a new  nuisance;  C.,  B.  & Q.  RR.  Co.  Schaffer, 
124  111.,  117. 

0.  Every  act  of  use  of  a structure  which  is  a nuisance,  is  a new  nuisance  for  which 
an  action  lies;  Groff  v.  Ankenbrandt,  124  111.,  58. 

7.  Grantee  or  lessee  coming  into  possession  of  land,  upon  which  a nuisance  exists, 
is  not  liable  to  action  for  damages  until  notified  to  remove  it;  Groff  v.  Ankenbrandt, 
124  111.,  53;  as  an  obstruction  to  water  flow;  S.  C.,  19  App.,  148. 

8.  To  hold  a municipality  liable  as  the  direct  author  of  a nuisance,  notice  is  not 
necessary;  Jefferson  v.  Chapman,  27  App.,  43. 

9.  A public  nuisance  existing;  an  individual  can  recover,  only,  such  special  damages 
as  he  sustains  different  from  that  of  the  general  public;  Adv.  Elev.  & W.  Co.  v. 
Eddy,  23  App.,  352. 

10.  Courts  will,  without  proof,  declare  many  things  to  be  nuisances  — as  the  dig- 
ging of  a pit.  or  erection  of  a house,  or  other  obstruction,  in  a public  highway.  An 
ordinance  declaring  such  things  a nuisance  is  valid  on  its  face;  X.  C.  C.  Ry.  Co.  v. 
Lake  View,  105  111.,  211. 

11.  A thing  offensive  physically  to  the  senses  and  thereby  making  life  uncom- 
fortable is  a nuisance;  Seacord  c.  People,  22  App.,  279. 

12.  Any  business,  however  lawful,  which  causes  annoyances  that  materially  inter- 
fere with  the  ordin^iry  comfort,  physically,  of  human  existence  is  a nuisance  that 
should  be  restrained.  Smoke,  noise  and  bad  odors  — even  when  not  injurious  to 
health  — may  render  a dwelling  so  uncomfortable  as  to  drive  from  it  any  one  not 
compelled  by  poverty  to  remain.  The  discomfort  must  be  physical.  Whatever, 
however,  is  offensive  physically  to  the  senses  and  by  such  offensiveness  makes  life 
uncomfortable  is  a nuisance;  Wahle  v.  Reinbach,  76  111  , 322. 

13.  Manufactories,  machine  shops  and  flouring  mills  are  not,  generally,  to  be 
regarded  as  nuisances;  Cooper  v.  Randall,  59  111.,  317. 

14.  Unwholesome  trades,  slaughter  houses,  operations  offensive  to  the  senses,  the 
deposit  of  powder,  the  application  of  steam  power  to  propel  cars,  the  building  with 
combustible  materials  and  the  burial  of  the  dead  may  be  prohibited  in  the  midst  of 
dense  masses  of  population;  King  v.  Davenport,  98  111.,  805. 

15.  Privies  are  regarded  as  prima  facie  nuisances.  Though  necessary  and  indis- 
pensable, in  connection  with  the  use  of  property  for  the  ordinary  use  of  habitation,  if 
they  be  built  or  allowed  to  remain  in  such  condition  as  to  annoy  others  in  the  proper  en- 
joyment of  their  property,  by  reason  of  noisome  smells  arising  therefrom,  or  by  the  es- 
cape of  filthy  matter  therefrom  on  to  the  premises  of  another,  or  so  as  to  corrupt  the 
water  of  a well  or  spring,  they  are  nuisances  in  fact;  Wahle  v.  Reinbach,  76  111.,  322. 

16.  A business  — however  lawful  — which  so  annoys  as  materially  to  interfere 
with  the  ordinary  physical  comfort  of  human  existence  is  a nuisance;  Seacord  v.  Peo- 
ple, 22  App.,  279. 

17.  One  has  no  right  to  carry  on  a business  in  a populous  city  unless  it  can  be  done 
without  emitting  offensive  and  noxious  odors  detrimental  and  offensive  to  the  people 
of  its  locality;  Winslow  v.  Bloomington,  24  App.,  647. 

18.  Causing  or  suffering  carcases  to  be  collected,  deposited  or  remain  in  any  place 
to  the  prejudice  of  others  is  an  offense  under  the  statute,  whether  or  not  the  preju- 
diciabresult  be  intended;  Seacord  v.  People,  121  III.,  629. 

19.  If  the  business  of  rendering  dead  animals  be  not  a nuisance  per  se  or  liable  to 
become  so  when  properly  managed,  yet  to  collect  more  than  one  can  dispose  of  and 
suffer  putrid  carcases  to  lie  exposed  to  the  prejudice  of  the  neighborhood  is  not 
proper  care  in  the  business;  Seacord  v.  People,  121  111.,  629. 

20.  If  the  effect  of  dense  smoke  emitted  from  a smoke  stack  or  chimney  is  detri- 
mental to  certain  classes  of  property  and  business  within  the  limits  of  a city  and  is  a 
personal  annoyance  to  the  public  at  large  wdthin  the  city,  it  is  a public  nuisance; 
Harmon  v.  Chicago,  110  111.,  405. 

21.  A city  may  prohibit  the  keeping  open  of  places  of  business  for  the  sale  of  goods 
etc.  on  Sunday  and  provide  a penalty;  M’Pherson  v.  Chebanse,  114  111.,  49;  Chebanse 
V.  M’Pherson,  15  App.,  311. 

22.  Incorporated  towns  have  the  power  to  declare  the  sale  of  liquors,  within  their 
limits,  shall  be  deemed  a nuisance  and  punished  as  such;  Coulterville  v.  Gillen,  72 
111.,  599. 


04 


PowKiis  OF  'j'liF  City  Council 


23,  Tho  cjirryini^  on  of  :m  illc^^itl  Iriillic  in  infoxicaling  liciuors  <‘ind  the  ussernbling 
of  idle  and  vicious  ihmsoiis,  lor  ilial,  juirposc,  is  a nuisance.  It  may  be  so  declared 
and  abated  according  to  law;  Streeter  r.  Feople,  Gb  111,,  595. 

24.  \Vlier(j  a c(Mn(d(^ry  company  is  cliart«!red  with  power  to  acquin;  land  for  burial 
purpos(is,  not  exceeding  live  hundr(!(l  acres,  and  it  acejuires  the  land  and  expends 
momw  in  pn^paring  and  adorning  the  same,  a legislative  act  prohibiting  the  use  of 
tlie  land  outsid(!  its  then  inclosure,  for  the  burial  of  tlie  dead,  without  regard  to  the 
manner  of  the  ex(;rcise  of  its  franchi.se  is  unconstitutional  and  void;  Lake  View  v 
Rose,  mu  Cem.  ('o.,  70  111.,  192. 

25.  The  use  of  steam  to  propel  street  cars  along  a public  street,  in  a thickly  popu- 
lated town,  in  the  aljsence  of  legislative  authority  is,  perse,  a nuisance;  N.  C.  C.  Ry. 
Co.  V.  Lake  View,  105  111.,  211. 

2G.  Under  this  power,  conjoined  with  the  power  to  regulate  the  police  of  tlie  town 
(cl.  GO)  and  to  ]>ass  such  ordinances  as  the  good  of  the  inhabitants  may  recpiire,  an 
ordinance  may  be  adopted  jirohibiting  the  running  of  railroad  trains  at  a speed  in  ex- 
cess of  six  miles  per  hour;  C.,  B.  & Q.  RR.  Co.  v.  Haggerty,  G7  111.,  113. 

27.  A railroad  embankment  constructed  in  an  alleys  without  authority  is  a nuisance; 
Adv.  Elev,  A'  W.  Co.  v.  Eddy,  23  App.,  352. 

28.  Keeping  explosives  unguarded  in  unsafe  quantities,  in  a place  and  under  cir- 
cumstances threatening  calamity  to  others  and  consequent  explosion  gives  an  action 
for  such  damages  as  would  not  have  resulted  in  the  absence  thereof;  Wright  v.  C. 
& N.  W.  Ry.  Co..  27  App.,  200. 

29.  A railroad  company  which  keeps  explosives  for  a time  in  its  warehouse,  for  trans- 
portation, violates  an  ordinance  prohibiting  their  storage  within  a city;  Wright  c.  C. 
& N.  W.  Ry.  Co.,  27  App.,  200. 

30.  Railroad  track  on  a city  street  by  authority  of  law,  skilfully  and  carefully  ope- 
rated is  not  per  se  a nuisance;  C.  & E.  I.  RR.  Co.  v.  Loeb,  118  111.,  206. 

31.  Railroad  company  with  a right  to  carry  ])assengers  only;  a subsequent  right 
and  user  for  freightage  purposes,  without  petition  of  property  owners,  is  a nuisance; 
M’Cartney  r.  Chi.  & E.  RR.  Co.,  112  111.,  G37. 

32.  What  the  law  expressly  authcjrizes  to  be  done  can  not  be  complained  of  as  a 
public  nuisance;  C,,  R.  I.  & P,  RR.  Co.  v.  Smith,  111  111.,  370. 

33.  The  legislature  may  suspend  a right  and  license  persons  to  create  a nuisance; 
but  licensee  acquires  no  vested  right  under  the  license  and  it  may  be  revoked  at  will; 
Parker  -v.  People,  111  111.,  599, 

34.  A statute  in  terms  merely  permissive  will  confer  no  license  to  commit  a nui- 
sance; Snell  i\  Buresh,  123  111.,  155. 

35.  A statute  will  not  be  so  construed,  if  capable  of  a ditferent  construction,  as  to 
authorize  the  establishment  of  a nui.sance  against  the  property  of  others;  Snell  v. 
Buresh,  123  111.,  155. 

36.  In  doubtful  cases,  when  a thing  may  or  may  not  be  a nuisance,  depending  on 
circumstances  requiidiig  judgment  and  discretion  in  the  exercise  of  legislative  func- 
tions, under  a general  power  to  declare  what  shall  be  nuisances,  the  action  under  the 
power,  would  be  conclusive  of  the  (question;  X.  C.  C.  Ry\  Co.  v.  Lake  View,  105 
111.,  211. 

37.  A city  ordinance  is  valid  which  provides  thus:  “The  owner  or  owners  of  any 
boat  or  locomotive  engine  and  the  ])erson  or  persons  employed,  as  engineer  or  other- 
wise, in  the  working  of  the  engine  or  engines  in  said  boat  or  in  operating  such  lo- 
comotive, and  the  ])roprietor,  lessee  and  occupant  of  any  building,  who  shall  permit 
or  allow  dense  smoke  to  issue  or  be  emitted  from  the  smoke  stack  of  any  such  boat 
or  locomotive  or  the  chimney  of  aipv  building,  within  the  corporate  limits,  shall  be 
deemed  and  held  guilty  of  creating  a nuisance  and  shall,  for  every  such  offense,  be 
fined  in  a sum,  not  less  than  five  nor  more  than  fifty  dollars  ”;  Harmon  v.  Chicago,  110 
111..  405. 

38.  A section  of  an  ordinance  which  declares  certain  acts  to  be  a public  nuisance, 
but  provides  no  penalty  for  an  infraction  of  its  provisions  is  not  evidence  in. a prose- 
cution for  the  same  acts  made  punishable  by  another  .section  or  ordinance  complete 
in  itself;  Harmon  r.  Chicago,  110  111.,  405. 

39.  Public  picnics  and  open  air  dances  are  not,  in  their  nature,  nuisances;  Des- 
Plaines  i;.  Poyer,  123  111.,  350. 

40.  The  manner  of  conducting  picnics  and  open  air  dancing  may  become  a nuisance; 
an  ordinance  in  regard  thereto  should  be  directed  thereto;  DesPlaines  c.  Poyer,  123 
HI.,  350. 

41.  Whether  a picnic  is  so  conducted  as  to  become  a nuisance  is  a question  of  fact; 
DesPlaines  v.  Poyer,  123  111.,  350. 

42.  A village  ordinance  which  declares  all  public  picnics  or  open  air  dances,  regard- 


Powers  oe  the  City  Council. 


05 


less  of  their  character,  to  be  uuisauces  is,  so  far,  invalid;  Poyer  v.  DesPlaines,  18 
App.,  225. 

43.  A general  grant  of  power  to  erect  toll-gates  can  not  be  so  exercised  as  to  create 
a nuisance;  the  location  of  a gate  at  a point  with  such  effect  will  be  perpetually 
enjoined;  Snell  v.  Buresh,  123  111.,  155. 

Seventy-sixth — To  appoint  a board  of  health,  and  prescribe  its 
powers  and  duties. 

1.  This  clause,  in  connection  with  clauses  77  and  78,  does  not  impose  any  legal 
liability  upon  incorporated  cities,  towns  and  villages  for  the  support  or  relief  of 
paupers  or  indigent  persons  residing  within  their  limits.  These  clauses  relate  solely 
to  the  preservation  of  health  within  the  corporations;  Perry  Co.  v.  I)uQuoin,99  111.,  479. 

2.  This  board  has  not  power  to  regulate  the  business  of  slaughtering.  The  power 
is  in  the  city  council;  Tugman  o.  Chicago,  78  111.,  405. 

Seventy -seventh  — To  erect  and  establish  hospitals  and  medical  dis- 
pensaries, and  control  and  regulate  the  same. 

1.  By  “an  act”,  approved  May  23,  1889  (L.  1889,  p.  167),  “to  enable  cities  and 
counties  in  this  state  to  contribute  toward  the  support  of  non  sectarian  public  hos- 
pitals located  within  their  respective  limits”,  it  is  provided,  “ that  it  shall  be  lawful 
for  any  county  or  any  city  of  this  state  to  contribute  such  sum  or  sums  of  money  to- 
ward the  su})port  of  any  non  sectarian  public  hospital  for  the  sick  or  infirm,  located 
within  its  limits,  as  the  county  board  of  the  county,  or  city  council  of  the  city,  shall 
deem  discreet  and  proper”. 

Seventy-eight  — To  do  all  acts,  make  all  regulations  which  may  be 
necessary  or  expedient  for  the  promotion  of  health  or  the  suppression 
of  disease. 

1.  Power  “to  make  all  regulations”  necessary  or  expedient  for  the  promotion  of 
health  etc.  includes  a right  to  require  vendors  of  meats  to  take  out  licenses;  Kinsley 
t.  Chicago,  124  111.,  360. 

Seventy-ninth — To  establish  and  regulate  cemeteries,  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  y)urchase  or 
otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit  their 
establishment  within  one  mile  of  the  corporation. 

1.  Power  to  regulate  burial  permits  may  be  conferred  on  municipal  corporations; 
Graves  v.  Bloomington,  17  App.,  477. 

2.  In  proper  cases,  it  is  competent  to  regulate  or  restrain  burials  of  the  dead  within 
cities;  Cone.  C.  Asso.  i\  M.  & N.  VV.  RR.  Co.,  121  111.,  203. 

3.  A cemetery  is  not  a nuisance  per  se,  and  the  subject  of  legislative  prohibition; 
Lake  View  v.  Rose  H.  Cem.  Co  , 70  111.,  191. 

4.  Under  a power  to  abate  nuisances  an  ordinance  forbidding  any  cemetery  to  be 
opened  in  a town,  without  first  obtaining  permission  of  the  trustees,  it  is  beyond  the 
power,  in  advance,  to  prohibit  the  establishment  of  any  cemetery  except  as  authorized 
by  the  board;  Lake  View  v.  Metz,  44  111.,  82. 

5.  See  Additional  Laws — (’emeteries. 


Eightieth  — To  regulate,  restrain,  and  prohibit  the  running  at  large 
of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to  impose  a 
tax  on  dogs. 


1.  The  general  statute  as  to  animals  does  not  affect  the  authority  of  a city  under  its 
charter  to  declare  animals  at  large  to  be  a nuisance,  although  the  county  votes  in 
favor  of  allowing  stock  to  be  at  large;  Quincy  v.  O’Brien,  24  App.,  591. 

2.  City  of  Quincy  has  authority  to  declare  it  to  be  a nuisance  for  animals  to  run  at 
large  under  its  charter,  notwithstanding  a vote  of  the  county  allowing  stock  to  be  at 
large;  Quincy  v.  O’Brien,  24  App.,  591, 

3.  A county,  having  adopted  the  township  organization  law  (Stat.,  Mar.  4,  1874), 
may  vote  on  the  question  of  alio wing^  slock  to  run  at  large,  although  some  towns  in 

9 " 


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(i(i 


Powers  of  the  City  Council. 


the  county  have  adoi)t(Hl  tlui  law  and  proliibihul  stock  f rom  riinniim  at  lar^e;  Bach 
10.  Ammons,  100  111,,  407. 

4,  Under  the  |)ow(!r  to  dechm;  what  sliall  he  nuisances,  an  ordinance  declaring  that 
swine  running  at  large  are  nuisances  and  providing  for  the  abatement  thereof  is 
\alid;  Roberts  o.  Ogle,  30  111.,  4o0. 

5.  'I'o  subject  a person  to  a penalty,  under  an  ordinance,  for  suffering  animals  to 
run  at  large  be  must  have  participated  in  the  act  of  sufl'ering  it  to  be  done;  Kinder 

Oillespie,  03  111.,  8S;  Collinsville  •<;.  Scanland,  58  111.,  221. 

0.  The  killing  of  a dog  running  at  large,  in  violation  of  an  ordinance  prohibiting 
the  same,  is  not  such  an  unauthorized  proceeding  as  will  create  a liability  for  its  loss; 
Jjeach  V.  El  wood,  3 App.,  453. 

7.  A city  ordinance  authorized  the  mayor,  by  ])roclamation,  to  order  all  persons 
Avithin  the  city  limits  to  coniine  or  securely  muzzle  their  dogs.  'I'he  city  marshal,  to 
carry  into  effect  the  provisions  of  the  ordinance — under  the  mayor’s  proclamation  — 
employed  an  agent  directing  him  to  destroy  all  dogs  found  running  at  large  and  not 
properly  muzzled.  It  was  held  that  the  marshal  was  not  liable  for  the  wanton,  wil- 
ful or  negligent  act  of  such  agent  in  killing  a dog  not  within  the  terms  of  the 
ordinance  and  proclamation;  Pritchard  Keefer,  53  111.,  117. 

8.  A town  or  city  can  not,  by  ordinance,  authorize  a pound  master  to  sell  property 
Avithout  a judicial  finding  that  some  law  has  been  violated;  Willis  io.  Legris,  45  111., 
289;  Bullock  v.  (ioemble,  45  Ilk,  218;  Poppen  v.  Holmes,  44  Ilk,  360. 

9.  When  a pound  master  is  sued  for  the  property  he  can  justify  his  acts,  only,  by 
showing  his  authority  — as  in  the  case  of  an  officer  acting  under  an  execution.  Tie 
must  ])rove  that  the  animal  was  in  that  situation  which  the  ordinance  has  designated 
to  authorize  the  seizure;  Clark  v.  Lewis,  35  Ilk,  417. 

Eig’lity -first — To  direct  the  location  and  regnlate  the  management 
and  construction  of  packing  liouses,  renderies,  tallow  chandleries,  bone 
factories,  soap  factories  and  tanneries,  within  the  limits  of  the  city  or 
village,  and  wdthin  the  distance  of  one  mile  without  the  city  or  village 
limits. 

1.  This  act  giv”es  poAver  to  establish  and  maintain  a public  slaughtering  house  for 
the  proper  inspection  of  fresh  meats;  Rock  Island  y.  Iluesing,  25  App.,  600. 

2.  The  fact  that  a packing  house  has  been  licensed  by  a town — in  this  case.  Lake — 
Avhere  it  is  located  within  the  limits  of  the  right  of  a city  — Chicago  — does  not 
exempt  such  packing  house  from  an  ordinance  of  the  city,  requiring  it  to  be  licensed 
by  the  city;  <Tii.  l^ack’g  Co.  r.  Chicago,  88  Ilk,  221. 

3.  This  section  confers  the  power  to  license  the  establishments  named,  as  one 
means  of  regulating  them.  The  means  of  regulating  and  controlling  such  houses  is 
left  to  each  particular  municipality,  so  that  the  method  is  reasonable  and  proper; 
Chi.  P.  Co.  V.  Chicago,  88  Ilk,  221. 

Eiglity-secoiid  — To  direct  the  location  and  regulate  the  use  and  con- 
struction of  breweries,  distilleries,  livery  stables,  blacksmith  shops  and 
founderies  within  the  limits  of  the  city  or  village. 

Eighty-third  — To  prohibit  any  offensive  or  unwholesome  business 
or  establishment  within,  or  within  one  mile  of,  the  limits  of  the  cor- 
])oration. 

Eighty-fourth  — To  compel  the  owner  of  any  grocery,  cellar,  soap  or 
tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other  un- 
wholesome or  nauseous  house  or  place,  to  cleanse,  abate  or  remove  the 
same,  and  to  regulate  the  location  thereof. 

Eighty-fifth  — The  city  council  or  trustees  of  a village,  shall  have 
power  to  provide  for  the  taking  of  the  city  or  village  census ; but,  no 
city  or  village  census  shall  be  taken  by  authority  of  the  council  or 
trustees  oftener  than  once  in  three  years. 


Powers  of  the  City  Cou^x’IL.  07 

Eighty-sixtli — To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 

1.  Under  a charter  creating  a general  municipal  government,  with  alj  the  neces- 
sary machinery  thereof,  there  is  power  to  erect  a town  hall  for  corporate  purposes; 
(Ireeley  i;.  People,  60  111.,  19;  Laukman  i\  People,  62  111.,  287;  Castle  People,  62 
111.,  287. 

Eighty-seventh  — To  establish  ferries,  toll  bridges,  and  license  and 
I’egulate  the  same,  and,  from  time  to  time,  fix  tolls  thereon. 

1.  See  Additional  Laws — Ferkies  and  Bridges. 

2.  Ferries  are  publici  juris,  and  can  be  granted  by  the  sovereign  power.  Riparian 
ovvners  are  not,  by  virtue  of  their  possession,  entitled  to  the  ferry  franchise;  Trus- 
tees etc.  V.  Tatman,  13  111.,  27;  Mills  i\  Co.  Comm.,  3 Scam.,  53. 

Eighty-eighth  — To  authorize  the  construction  of  mills,  mill  races 
and  feeders  on,  through  or  across  the  streets  of  the  city  or  village,  at 
such  places  and  under  such  restrictions  as  they  shall  deem  proper. 

Eighty-ninth  — The  city  council  shall  have  power,  by  condemnation 
or  otherwise,  to  extend  any  street,  alley  or  highway  over  or  across,  or 
to  construct  any  sewer  under  or  through  any  railroad  track,  right  of 
way,  or  land  of  any  railroad  company  (within  the  corporate  limits);  but 
where  no  compensation  is  made  to  such  railroad  company,  the  city 
shall  restore  such  railroad  track,  right  of  way  or  land  to  its  former 
state,  or  in  a sufficient  manner  not  to  have  impaired  its  usefulness. 

1.  See  art.  9;  see,  also.  Additional  Laws  — Eminent  Domain. 

Ninetieth  — The  city  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of,  or  the  right  to  lay  down,  any  railroad  tracks 
in  any  street  of  the  city  to  any  steam,  dummy,  electric,  cable,  horse  or 
other  railroad  company,  whether  the  same  shall  be  incorporated  under 
any  general  or  special  law  of  the  state,  now  or  hereafter  in  force,  ex- 
cept upon  the  petition  of  the  owners  of  the  land  representing  more 
than  one-half  of  the  frontage  of  the  street,  or  so  much  thereof  as  is 
sought  to  be  used  for  railroad  purposes,  and  when  the  street  or  part 
thereof  sought  to  be  used  shall  be  more  than  one  mile  in  extent,  no 
petition  of  land  owners  shall  be  valid  unless  the  same  shall  be  signed 
by  the  owners  of  the  land  representing  more  than  one-half  of  the 
frontage  of  each  mile  and  of  the  fraction  of  a mile,  if  any,  in  excess  of 
the  whole  miles,  measuring  from  the  initial  point,  named  in  such  peti- 
tion, of  such  street,  or  of  the  part  thereof  sought  to  be  used  for  rail- 
road purposes.  [As  amended  and  in  force  March  30,  1887.  L.  1887, 
p.  115. 

1.  See  Additional  Laws  — Railkoads,  post. 

2.  This  is  a limitation  on  the  power  granted  by  clauses  9,  24,  25,  of  this  same  sec- 
tion; Hunt  V.  Chi.  H.  & D.  Ry.  Co.,  121  111.,  642. 

3.  The  word  “company”,  as  used  in  this  clause,  embraces  persons  natural  and 
artificial;  Chi.  D.  & C.  Co.  v.  Garrity,  115  111.,  161. 

4.  A railroad  laid  on  city  streets  for  passenger  cars  only.  This  clause  does  not 
authorize  a grant  of  the  right  of  use  for  freightage  purposes,  in  the  absence  of  a 
petition  of  property  owners;  M’Cartney  v.  Chi.  & E.  RR.  Co.,  112  111.,  637. 

5.  This  clause,  as  to  the  granting  of  the  use  of  city  streets  for  railway  purposes, 
is  not  repealed  by  act  of  March  19,  1874,  in  regard  to  horse  and  dhmmy  railroads 
(see  Additional  Laws  — House  and  Dummy  Railroads);  Hunt  v.  Chi.  H.  &,  D.  Ry. 
Co.,  121  III.,  642. 


G8 


Powers  or  the  City  Council 


().  So  far  as  iho  provisions  lioroof  apply  to  liorso  and  dnininy  railroads  incorporated 
Jinder  pnieral  law,  they  an*  rep(!aled  by  statute  of  1874  as  to  such  roads,  under  which 
act  petition  of  adjoining  property  owners  is  not  necessary;  Hunt  v.  Chi.  H.  & D,  Ky. 
Co,,  20  A]>p,,  282. 

7.  This  clause  limits  the  council’s  ]>ower  to  locate  railroad  tracks  on  streets;  Chi. 
1).  & C.  (’o.  0.  (larrity,  115  111.,  101. 

Ninety-first  — To  tax,  license  and  regulate  auctioneers,  distillers, 
brewers,  lumber  yards,  livery  stables,  public  scales,  money  changers 
and  brokers. 

1.  The  constitutional  provision  (art.  0,  § 1),  which  declares  that  the  legislature 
shall  have  power  to  tax  peddlers,  auctioneers,  brokers  etc.,  does  not  operate  as  a pro- 
hibition on  all  other  bodies  to  tax  such  persons  and  for  purposes  other  than  for 
state  revenue.  Municipal  corporations  may  be  authorized  to  tax  such  persons;  Wig- 
gins V.  Chicago.  68  111.,  372. 

2.  The  legislature  is  authorized  to  confer  power,  by  general  law,  on  incorporated 
cities  to  demand  and  collect  a license  fee,  or  tax,  on  all  j)ersons  who  shall  pursue  the 
business,  or  calling,  of  brokers  within  their  cor])orate  limits  and  to  prohibit  within 
such  limits,  the  business,  of  money  changer,  or  banker,  broker  or  commission  mer- 
chant— including  that  of  merchandise,  produce  or  grain  broker,  real  estate  broker 
and  insurance  broker  — without  license  therefor.  Such  a provision  and  an  ordi- 
nance pursuant  thereto,  are  valid;  Braun  v.  Chicago,  110  lil.,  190. 

8.  The  power  granted,  by  this  section,  authorizes  the  city  authorities  to  adopt  any 
reasonable  ordinance  in  exercising  it.  The  city  may  tax,  may  license  and  regulate 
the  particular  business  and  the  ordinance  may  empower  the  mayor  to  revoke  the 
license  for  cause;  Wiggins  v.  Chicago,  68  111.,  373. 

4.  A license  fee  imposed  upon  certain  avocations  etc.  carried  on  in  city  or  village, 
is  not,  within  the  constitution,  a tax;  U.  H.  Dist.  Co.  v.  Chicago,  112  111.,  22. 

5.  A city  organized  hereunder  can  not,  by  ordinance,  require  merchants  to  take 
out  license;  Holder  v.  Galena,  19  App.,  409. 

6.  The  term  “banker”  includes  all  the  business  of  a “money  changer”.  A 
“money  changer”  is  defined  to  be,  a broker  who  deals  in  money  or  exchange.  One 
doing  a banking  business  is  a money  changer,  within  the  meaning  of  the  section; 
Hinckley  v.  Belleville,  43  111.,  183. 

7.  A “ broker”  is  one  who  is  engaged,  for  others,  in  negotiating  contracts  relative  to 
property  with  the  custody  of  which  he  has  no  concern;  Braun  v.  Chicago,  110  111.,  190. 

8.  A broker  who  has  purchased  mining  stock,  for  a third  person,  in  violation  of  an 
ordinance  requiring  a license  before  doing  business  in  a city  can  not  recover  commis- 
sion; Hustis  V.  Pickards,  27  Ap]).,  270. 

9.  Brokers  in  mining  stocks  are  embraced  in  an  ordinance  requiring  a. “money 
changer  or  banker,  broker  or  commission  merchant”  to  take  out  a license;  Hustis  v. 
Pickards,  27  App.,  270. 

10.  An  ordinance  which  requires  auctioneers  to  pay  an  annual  license  fee  of  $200 
and  to  furnish  a bond,  with  two  sureties,  in  the  penal  sum  of  $1,000,  to  be  approved 
by  the  mayor  and  conditioned  for  the  due  observance  of  the  ordinance  relating  to  the 
business,  and  requiring  licenses  to  expire  on  the  last  day  of  April  after  their  date 
and  providing  for  a forfeiture  for  violation  of  the  ordinance,  to  be  declared  by  the 
mayor  when  satisfied  of  the  fact,  is  not  unreasonable  nor  invalid;  Wiggins  v.  Chi- 
cago, 68  111.,  372. 

11.  Bill  to  restrain  the  enforcement  of  a city  ordinance  prohibiting  complainant 
from  doing  business  as  auctioneer  without  license,  he  having  applied  for  one  and 
been  refused;  is  without  equity,  the  remedy  being  ample  at  law;  Klinesmith  v.  Har- 
rison, 18  App.,  467. 

12.  This  clause  — with  clause  42  — confers  power  to  tax  the  keepers  of  livery  stables 
by  a general  ordinance.  .The  provision  is  not  unconstitutional;  Howland  v.  Chicago, 
108  111.,  500. 

13.  Under  the  power  herein  a city  council  may  prescribe  the  rule  that  licenses,  to 
be  taken  out  by  keepers  of  livery  stables  shall  be  paid  for  in  proportion  to  the  num- 
ber of  carriages  kept  for  hire  (see  ci.  42);  Plowland  v.  Chicago,  108  111.,  500. 

Ninety-second  — To  prevent  and  regulate  tlie  rolling  of  hoops,  play- 
ing of  ball,  flying  of  kites,  or  any  other  aniusenient  or  practice  having 


Powers  of  tue  City  Couxcil.  0|) 

a tendency  to  annoy  i)ersons  passing  in  the  streets,  or  on  tlie  sidewalks, 
or  to  frigliten  teams  and  horses. 

Ninety-third  — To  regulate  and  prohibit  the  keeping  of  any  lumber 
yard,  and  the  placing  or  piling  or  selling  any  lumber,  timber,  wood  or 
other  combustible  material,  within  the  tire  limits  of  the  city. 

Ninety-fourth  — To  provide,  by  ordinance,  that  all  the  paper,  print- 
ing, stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use  of 
the  city,  shall  be  furnished  by  contract,  let  to  the  lowest  bidder. 

1.  Contract  let  in  violation  of  the  provisions  of  the  statute  is  void;  Dement  v. 
Kokker,  126  111.,  189. 

2.  It  is  a condition  precedent  of  contracting  that  there  shall  be  a public  letting  of 
the  work,  with  entire  freedom  of  competition,  and  that  the  contract  be  let  to  the 
lowest  responsible  bidder;  Dement  v.  Kokker,  126  111.,  189. 

3.  No  person  can  derive  any  rights  under  a contract,  procured  by  preventing  — on 
his  part  — competition  in  bidding;  Dement  c.  Rokker,  126  111.,  189. 

4.  The  lowest  bid  mav  be  rejected  if  the  bidder  be  not  responsible;  Dement  v. 
Rokker,  126  111.,  189. 

Ninety -tifth  — To  tax,  license  and  regulate  second  hand  and  junk 
stores,  and  to  forbid  their  purchasing  or  receiving  from  minors,  without 
the  written  consent  of  their  parents  or  guardians,  any  article  whatsoever. 

1.  Booksellers  buying  and  selling  second  hand  books  in  the  course  of  trade,  are 
not  dealers  in  second  hand  goods  within  the  meaning  hereof;  Eastman  v.  Chicago,  79 
111.,  TT8. 

An  act  to  extend  the  powers  of  the  city  council  in  cities,  and  the 

president  and  board  of  trustees  in  villages  and  incorporated  towns. 

[Approved  June  16, 1887.  In  force  July  1, 1887.  L.  1887,  p.  117. 

§ 1.  That  the  city  council  in  cities,  and  the  president  and  board  of 
ti  ustees  in  villages  and  incorporated  towns,  shall  have  power  to  license, 
tax,  regulate,  suppress  or  prohibit  itinerant  merchants  and  transient 
vendors  of  merchandise. 

An  act  to  insure  the  better  protection  of  life  and  property  from  steam 

boiler  explosions.  [Approved  June  3,  1889.  L.  1889,  p.  88. 

§ 1.  That  the  city  council  in  cities,  and  the  president  and  board  of 
trustees  in  towns  and  villages,  shall  have  power  to  adopt  ordinances 
within  their  respective  limits  to  provide  for  the  examination,  licensing 
and  regulation  of  persons  having  charge  of  steam  boilers  under  steam 
pressure,  exhausting  through  an  engine,  to  fix  the  amount,  terms  and 
manner  of  issuing  and  revoking  licenses  to  such  persons;  to  provide 
that  it  shall  not  be  lawful  for  any  person  to  exercise  within  the  limits 
of  the  respective  cities,  towns  and  villages,  which  may  adopt  such 
ordinances,  the  business  of  operating  steam  boilers,  under  steam  pres- 
sure, exhausting  through  an  engine,  without  a license;  and  to  provide 
that  any  person  violating  the  provisions  of  such  ordinances  shall  be  lia- 
ble to  a penalty  for  each  breach  thereof. 

§ 2.  To  require  that  all  persons  engaged  in  such  occupation  within 
tlie  jurisdiction  of  such  towns,  cities  and  villages  so  adopting  such 
ordinances,  shall  submit  to  an  examination  by  a competent  board  of  ex- 
aminers to  be  appointed  by  such  councils  and  boards  of  trustees,  touch- 
ing their  competency  and  qualitications  in  regard  to  such  vocations, 


70 


Powers  of  the  City  Council. 


witli  ])ower  to  such  Ixnird  of  ox;iminei\s  to  liceiise  siicli  persons  as  may 
be  found  capable  and  trustworthy  in  that  behalf. 

Ninety-sixth  — To  pass  all  ordinances,  rules,  and  make  all  regula- 
tions, proper  or  necessary,  to  carry  into  effect  the  powers  granted  to 
cities  or  villages,  with  such  fines  or  penalties  as  the  city  council  or 
board  of  trustees  shall  deem  proper:  Provided,  no  fine  or  penalty  shall 
exceed  $20t>,  and  no  im]U’isonment  shall  exceed  six  months  for  one 
offense. 

1.  Ordinances  must  bo  general  in  their  character  and  operate  equally  on  all  persons 
within  the  municipality,  of  the  same  class,  to  whom  they  relate;  they* must  not  be  in 
violation  of  any  law,  contrary  to  public  policy,  or  unnecessarily  oppressive,  and 
must  not  unjustly  and  arbitrarily  discriminate  between  citizens  of  the  same  j>lace; 
Zanone  v.  Mound  C.,  1013  111.,  555. 

2.  The  i)owcrit()  enforce  the  observance  of  all  ordinances  etc.  by  penalties,  not  ex- 
ceeding a sum  tixed  by  statute,  for  any  offense  against  the  same,  does  not,  of  neces- 
sity, confine  the  city  to  that  mode;  nor  to  a suit  on  the  bond  of  a grocery  keeper  for 
violations  by  him.  The  city,  in  the  exercise  of  police  power  conferred,  may  pro- 
vide for  the  revocation  of  his  license;  Schwuchow  i\  (Ticago,  68  111.,  444. 

8.  Ordinances  can  not  have  an  extra-territorial  effect,  unless  clearly  authorized  by 
charter;  Strauss  Pontiac,  40  111.,  801. 

4.  The  right  to  empower  municipal  corporations  to  make  by-laws  and  ordinances, 
for  the  welfare  and  government  of  the  inhabitants  of  the  corporation,  can  not  be  de- 
nied; (iaddis  V.  Richland  Co.,  92  111.,  119;  Tugman  v.  Chicago,  78  111.,  405. 

5.  Ordinances  must  not  be  unreasonable,  oppressive  or  such  as  will  create  a mo- 
nopoly; Tugman  i\  Chicago,  78  111..  405. 

().  An  ordinance  is  not  necessarily  all  void  becau.se  some  part  of  it  may  be  so; 
Raker  t).  Normal,  81  111.,  108. 

7.  An  ordinance,  passed  within  the  granted  powers,  has  the  force  and  effect  of  a 
legislative  enactment  as  a law  of,  and  within,  the  incorporation;  Mason  v.  Shawmee- 
town,  77  111.,  538. 

8.  An  ordinance  will  not  be  held  void  because  in  its  title  is  used  the  w'ords  “com- 
mon council  ” instead  of  the  words  “city  council”;  Law  i\  People,  87  111.,  885. 

9.  An  ordinance  which  makes  an  act  done  by  one  penal  and  imposes  no  penalty 
for  the  same  act  done,  under  like  circumstances,  by  another  is  unjust  and  unreason- 
able and  can  not  be  sustained;  Tugman  v.  Chicago,  78  111.,  548. 

10.  (ity  authorized  to  impose  a fine  and  no  limit  fixed;  the  fine  may  exceed  that 
imposed  for  the  same  offense  by  state  lawq  Quincy  v.  O’Brien,  24  App.,  591. 

66.  Style  of  ordinances.]  § 2.  The  style  of  tlie  ordinances  in  cities 

shall  be:  “Bo  it  ordained  by  the  city  council  of ” 

1.  An  ordinance  will  not  be  held  void  for  the  reason  that,  in  its  title,  the  words 
“ common  council  ” are  used  in  lieu  of  the  wmrds  “ city  council”;  Law  v.  People,  87 
111.,  385. 

67.  Publication  of  ordinances  — when  in  force.]  §3.  All  ordi- 
nances of  cities  and  villages  imposing  any  fine,  penalt}%  imprisonment 
or  forfeiture,  or  making  any  appropriation,  shall,  within  one  month 
after  they  are  passed,  be  published,  at  least,  once  in  a newspaper  pub- 
lished in  the  city  or  village,  or,  if  no  such  newspaper  is  published 
therein,  by  posting  copies  of  the  same  in  three  public  places  in  the  city 
or  village;  and  no  such  ordinance  shall  take  effect  until  ten  days  after 
it  is  so  published.  And  all  other  ordinances,  orders  and  resolutions 
shall  take  effect  from  and  after  their  passage,  unless  otherwise  provided 
therein. 

1.  The  publication  of  an  ordinance  with  the  proceedings  of  the  city  council  adopt- 
ing it,  is  a sufficient  publication;  Law  t).  People,  87  111.,  385;  Baker  v.  Maquon,  9 
App.,  155. 


Towers  of  the  City  Coukcil. 


71 


2.  A publicution  iu  a uewspap(M‘ of  the  village  is  a sufficient  j)ublication.  It  is 
immaterial  whether  it  is  published  in  book  or  pamphlet  form  or  written  notices  of 
its  passage  have  been  posted;  Moss  v.  Oakland,  S8  111.,  109. 

d.  Until  ten  days  after  the  publication  of  an  ai)propriation  ordinance,  appropria- 
tions can  not  be  deemed  “ legal  and  valid  People  d.  P.,  D.  & E,  iiy.  Co.,  116  111., 
411. 

4.  A provision  retjuiring  the  clerk  of  a town,  immediately  after  the  passage  of  any 
ordinance  all'ecting  the  public  to  post  up  copies  thereof,  ten  days  before  the  same 
takes  effect  is  mandatory  and  can  not  be  dispensed  with.  Without  proof  of  such 
l>osting  an  ordinance  is  not  admissible  in  evidence,  if  objected  to;  Schott  o.  People, 
89  111.,  195. 

5.  Where  the  publication  of  an  ordinance  was  by  posting,  in  suit  for  a penalty  un- 
der it,  it  must  be  shown  that  no  newspaper  was  published  in  the  village;  Baker  c. 
Maquon,  9 App.,  155. 

6.  Where  defendant,  sued  for  a violation  of  an  ordinance,  did  not  object  on  the 
trial,  to  the  introduction  of  the  ordinance  on  the  ground  that  it  had  not  been  pub- 
lished as  required  by  charter,  but  limited  his  objection  to  the  reading  of  certain 
parts  thereof,  he  admitted  a proper  publication  and  the  whole  ordinance  was  pro- 
perly admitted  in  evidence;  Booth  «.  Carthage,  67  111.,  102. 

68.  Proof  of  ordinances.]  § 4.  Al]  ordinances,  and  the  date  of  pub- 
lication tliereof,  may  be  proven  by  tlie  certificate  of  the  clerk,  under 
the  seal  of  the  corporation.  And,  when  printed  in  book  or  pamphlet 
form  and  purporting  to  be  published  by  authority  of  the  board  of  trus- 
tees or  the  city  council,  the  same  need  not  be  otherwise  published  ; and 
such  book  or  pamphlet  shall  be  receiv^ed  as  evidence  of  the  passage  and 
legal  publication  of  such  ordinances,  as  of  the  dates  mentioned  in  such 
book  or  pamphlet,  in  all  courts  and  places,  without  further  proof. 

1.  The  law  providing  that  proof  of  publication  of  ordinances  shall  not  be  required 
unless  denied  on  oath;  information  and  belief  can  not  suj)ply  the  place  of  a positive 
allegation  of  non  publication;  Linch  i\  Litchfield,  16  App.,  615. 

“An  act  in  regard  to  suits  by  incorporated  cities  and  villages  and 

to  enforce  penalties  and  recover  fines  for  violating  the  ordinances 

thereof.”  [Approved  May  31,  1879.  In  force  Julvl,  1879.  L. 
1879,  p.  79.  ■ 

69.  Actions  to  enforce  penalties  etc.  — how  brought.]  § 1. 

All  actions  to  recover  any  tine,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village  in  this  state,  shall  be  brought  in 
the  corporate  name  of  the  city  or  village,  as  plaintiff,  and  no  prosecu- 
tion, recovery  or  acquittal  for  the  violation  of  any  such  ordinance  shall 
constitute  a defense  to  any  other  prosecution  of  the  same  party,  for 
any  other  violation  of  any  such  ordinance,  although  the  different  causes 
of  action  existed  at  the  same  time,  and,  if  united,  would  not  have  ex- 
ceeded the  jurisdiction  of  the  court  or  magistrate. 

1.  A proceeding  to  collect  a penalty  for  the  violation  of  a town  ordinance  is  a civil 
suit;  Hoyer  v.  Mascoutah,  59  111.,  187. 

2.  Proceedings  under  ordinances  for  the  protection  of  persons  and  property  and 
the  preservation  of  the  peace  are  quasi  criminal;  Poyer  «.  DesPlaines,  123  III.,  114. 

8.  Debt  is  the  proper  form  of  action  for  the  recovery  of  a penalty  for  the  violation 
of  an  ordinance;  unless  the  charter  prescribes  a different  action;  Jacksonville  ». 
Block,  86  111.,  807. 

4.  This  section  may  extend  to  and  embrace  a subject  of  police  regulation,  under 
the  general  police  power  of  the  state;  M’Pherson  y.  Chebanse,  114  111.,  49. 

5.  The  statute  (R.  S.,  1874,  ch.  88,  § 1)  requiring  security  for  costs  in  prosecutions 
under  penal  statutes,  does  not  apply  to  prosecutions,  under  municipal  ordinances. 


i ’owe US  or  THE  City  Council. 


for  tli(*  violation  of  such  ordinance's;  Jacksonville  ».  Block,  Uh  111.,  n07;  Quincy  v. 
Ballanc«^,  UO  111.,  1S5;  liowistown  r,  Pioctor,  2U  III.,  5UU. 

<).  A city  may  not  recov(n-  a penalty  from  a person  for  pursuing  a trade  or  calling, 
for  the  i>rivil(^ge  of  which  lln^  city  has  received  and  retains  the  consideration  exacted 
of  him.  In  smdi  case  it  is  imimiH'rial  whether  the  ordinance  under  which  the  privi- 
lege was  granUal  he  or  be  not  valid,  or  whetluM-  the  agents  acting  for  the  city  were 
or  were  not  olliccu's;  Martel  v.  E.  St.  1j.,  !)4  111.,  07. 

7.  In  a suit  to  r<*cover  the  penalty,  fixed  by  ordinance,  for  selling  licpiors  contrary 
to  the  terms  ol  his  license,  it  is  no  delense  that  defendant  is  liable,  to  the  city,  on 
his  rnamse  bond  for  the  same  act.  d’ho  fact  that  the  act  complained  of  was  a breach 
of  th(‘  bond  makes  it  none  the  less  a breach  of  the  ordinance;  Whalin  c.  Macomb  70 
111.,  41). 

8.  'The  re])eal  of  an  ordinance  which  prescribes  a penalty  for  its  violation,  pend- 
ing a prosecution  under  such  ordinance,  operates  to  put  an  end  to  such  prosecution; 
unless  saved  bv  a clause  in  the  repealing  ordinance;  Navlor  n.  Galesburg  50  111., 
285, 

U.  Kapiity  has  no  jurisdiction  to  enjoin  the  prosecution  of  a syiit  for  the  violation 
of  a villag(>  ordinance;  nor  is  it  within  the  power  of  the  parties  to  waive  the  ques- 
tion of  jurisdiction  and  ^'*'inp(d  it  to  entertain  the  cause;  Yates  i'.  Batavia,  79  111., 
50U. 

70.  Fines  and  licenses  — paid  to  treasurer.]  § G.  All  fines  and 
forfeitures  for  the  violation  of  ordinances,  when  collected,  and  all 
moneys  collected  for  licenses  or  otherwise,  shall  be  paid  in  to  the  treas- 
ury of  the  corporation,  at  such  times  and  in  such  manner  as  may  be 
prescribed  by  ordinance. 

1.  Municipal  corporations  have  a right  to  retain  and  appropriate  to  their  own  use 
all  moneys  arising  from  the  granting  of  licenses  to  sell  liquor,  where  no  provisions 
are  made  to  the  contrary;  Mt.  Carmel  r.  Wabash  Co.,  50  111.,  69. 

All  act  to  ])rovide  for  the  pmiisliment  of  persons  violating  any  of 

the  ordinances  of  the  several  cities  and  villages  in  this  state.  [Ap- 
proved and  ill  force  April  12,  1879.  L.  1879,  j).  70. 

71.  Violations  of  ordinance  — punishment.]  § 1.  In  all  actions 
for  the  violation  of  any  ordinance  of  any  city  or  village  organized 
under  any  general  or  special  law  of  this  state,  the  first  process  shall  be 
a summons  ; Provided,  however,  that  a warrant  for  the  arrest  of  the 
offender  may  issue  in  the  first  instance,  upon  the  affidavit  of  any  per- 
son that  any  such  ordinance  has  been  violated,  and  that  the  person 
making  the  complaint  has  reasonable  grounds  to  believe  the  party 
chai'ged  is  guilty  thereof;  and  any  person  arrested  upon  such  warrant, 
shall,  without  unnecessary  delay,  be  taken  before  the  proper  officer,  to 
be  tried  for  the  alleged  offense.  Any  person  upon  wliom  anj^  fine  or 
]>enalty  shall  be  imposed  may,  upon  the  order  of  the  court  or  magis- 
trate before  whom  the  conviction  is  had,  be  committed  to  the  county 
jail  or  the  calaboose,  city  prison,  woi’k  house,  house  of  correction,  or 
other  place  provided  by  such  cities  or  villages,  by  ordinance,  for  the  in- 
carceration of  such  offenders  until  such  fine,  penalty  and  cost  shall  be 
fully  paid  ; Provided,  that  no  such  imprisonment  shall  exceed  six 
nionths  for  any  one  offense.  The  city  council  oi*  board  of  trustees  of 
any  such  cities  or  villages  shall  have  power  to  provide  by  ordinance 
that  every  person  so  committed  shall  be  required  to  work  at  such  labor 
as  his  or  her  strength  will  permit,  within  and  without  such  ])rison,  work 
house,  house  of  correction  or  other  place  provided  for  the  incarceration 


Powers  of  the  City  Couj^cil. 


73 


of  such  offenders,  not  to  exceed  ten  hours  each  working  day ; and  for 
sucli  work  the  person  so  employed,  or  worked,  shall  be  allowed,  exclu- 
sive of  his  or  her  board,  the  sum  of  fifty  cents  for  each  day’s  work  on 
account  of  such  fine  and  costs. 

1.  If  the  ordinances  of  a city  do  not  require  a complaint  in  writing,  on  oath,  for 
tlieir  violation,  a defect  in  such  complaint,  when  made,  will  not  vitiate;  provided  the 
justice  has  jurisdiction  of  the  subject  matter;  Alton  v.  Kirsch,  08  111.,  201. 

2.  Debt  is  the  remedy  to  recover  a i)enalty  im})osed,  if  no  mode  of  procedure  is 
])rescribed;  C'hicago  v.  Enright,  27  Api).,  559. 

8.  Where  the  legislature  confers  jurisdiction  on  justices  of  the  peace  for  the  re- 
covery of  a penalty  for  the  violation  of  a municipal  ordinance,  the  action  may  be 
brought  in  the  same  manner  as  any  civil  suit  before  a justice  and  the  writ  should  be 
the  ordinary  summons,  in  the  absence  of  some  provision  requiring  a capias.  The 
trial  should  be  conducted  according  to  the  rules  governing  civil  suits;  Ewbanks  v. 
Ashley,  36  111.,  177. 

4.  In  action  of  debt,  for  the  violation  of  a municipal  ordinance,  the  summons  may 
be  in  the  form  prescribed,  by  statute,  in  civil  cases  (li.  S.,  1874,  ch.  79,  § 17);  Jack- 
sonville V.  Block,  36  111.,  507. 

5.  One  can  not  be  made  liable  to  a penalty  imposed  by  an  ordinance  unless  it  ap- 
pears that  the  ordinance  took  effect  before  and  was  in  force  at  the  time  the  act  com- 
plained of  was  committed.  So,  also,  the  provisions  of  the  charter  must  hav’e  been 
complied  with  in  passing  it.  That  fact  must  be  shown  by  proper  proof;  Booth  v. 
Carthage,  67  111.,  102. 

6.  Debt  for  penalty  for  violation  of  a city  ordinance  is  a civil  action;  Kinmundy 
Mahan,  72  111.,  462;  subject  to  limitation  of  two  years;  Chicago  v.  Enright,  27  App., 
559;  Proctor  v.  People,  24  App.,  599. 

7.  In  an  action  to  recover  for  a violation  of  an  ordinance  — in  this  case  as  to  the  sale 
of  liquors  — recovery  may  be  had  on  several  violations;  provided  that  the  judgment 
shall  not  exceed  the  amount  of  the  jurisdiction  of  the  justice  or  police  magistrate  be- 
fore whom  the  cause  is  tried;  Ilensoldt  v.  Petersburg,  63  111.,  111. 

8.  In  an  action  of  d«^bt  to  recover  a yjenalty  for  violation  of  an  ordinance  it  is 
error  to  adjudge  imprisonment  against  defendant;  Kinmundy  v.  Mahan,  72  111., 
462. 

9.  The  constitutional  provision  as  to  imprisonment  for  debt  does  not  extend  to  fines 
and  penalties  arising  from  the  violation  of  penal  laws;  Kennedy  v.  People,  122  111  , 652. 

10.  The  constitutional  provision  prohibiting  imprisonment  for  debt,  unless  upon 
refusal  to  deliver  up  one’s  estate,  applies  only  to  actions  on  contracts,  express  or  im- 
plied— it  does  not  extend  to  actions  for  torts;  People  v.  Greer, 43  111.,  413;  M’Kindley 
V.  Rising,  28  111.,  337;  People  i\  Cotton,  14  111.,  414. 

11.  A provision  in  a town  charter  giving  the  police  magistrate  power,  in  certain 
contingencies,  to  issue  process  against  the  body  of  an  offender,  for  the  satisfaction  of 
the  judgment  against  him,  for  violation  of  an  ordinance,  is  not  unconstitutional  but 
is  valid;  Brown  v.  Jerome,  102  111.,  372. 

12.  Holding  a person  in  custody,  on  the  verbal  order  of  a police  magistrate,  for 
non  payment  of  a fine,  is  illegal;  Trustees  t.  Schroeder.  58  111.,  353. 

13.  A provision  to  imprison  in  the  county  jail  “ until  the  fine  and  costs  be  paid”, 
is  not  making  im])risonment  the  punishment;  it  is  but  a mode  provided  for  collecting 
the  fine  and  costs;  Ex  p.  Bollig,  31  III.,  38. 

14.  An  ordinance  providing  that  on  rendering  judgment  of  conviction  thereunder, 
the  justice,  if  the  fine  and  costs  be  not,  at  once,  paid,  may  order  the  defendant  to 
stand  committed  until  they  be  paid,  unless  a defendant  shall  appeal  therefrom.  So 
soon  as  defendant  has  perfected  his  appeal  the  ordinance,  so  far  as  it  relates  to  im- 
prisonment, has  spent  its  force,  wherefore,  on  hearing  the  appeal,  it  is  error  to  render 
judgment  on  conviction  and  order  imprisonment;  Carson  v.  Bloomington, 6 App.,  481. 

15.  The  imprisonment  of  an  offender  on  failure  to  pay  a fine  imposed,  for  violation 
of  an  ordinance,  is  not  in  satisfaction  of  the  judgment;  but,  only,  a means  of  enforc- 
ing payment  of  such  judgment.  Such  imprisonment  is  no  defense  to  an  action,  by 
sci.  fa.,  against  the  sureties  on  the  appeal  bond,  to  recover  the  amount  of  the  fine 
and  costs;  Sheffield  r.  O'Day,  7 App.,  340. 

16.  The  proviso  to  the  statute,  in  regard  to  imprisonment  is,  only,  a limitation  on 
the  time  of  such  imprisonment;  Sheffield  v.  O’Day,  7 App.,  340. 

10 


74 


Towers  of  the  City  Council. 


17.  No  right  in  a penalty  vests  in  an  individual  by  suing  for  it;  repeal  of  the  statute 
imposing  it  (!xtinguish(!s  the  right  of  action;  Mix  'O.  1.  C.  HR.  Co.,  110  111.,  505. 

18.  Tluit  ecpiity  may  interfere  to  i)revent  a trespass  or  illegal  prosecution  under  an 
ordinance,  on  the  ground  of  irreparable  injury,  facts  and  circumstances  mu.st  be 
all(!g(‘d  to  show  that  such  mischief  will  result  and  that  the  law  can  not  afford  an  ade- 
(|uat.e  reimaly;  Poy(!r  I)(;sPlaines,  128  111.,  114. 

19.  If  of  .several  ])rovisions  of  an  ordinance  some  are  void  and  others  valid  and  a 
penalty  is  i)r(^scribed  as  to  each  offense  separately,  the  ordinance  may  be  enforced  as 
to  the  valid  provisions  as  though  the  void  parts  were  omitted:  Royer  o.  DesPlaines 
123  111.,  114. 

72.  Jurisdiction  of  justices  and  police  magistrates.]  § 8.  Any 

and  all  justices  of  the  peace  and  police  magistrates  shall  have  jurisdic- 
tion in  all  cases  arising  under  the  provisions  of  this  act,  or  any  ordi- 
nance passed  in  pursuance  thereof. 

1.  An  act  to  provide  for  the  jurisdiction  of  justices  of  the  peace  in  civil  cases. 
[Approved  Aiudl  1,  1872.  In  force  July  1,  1872.  Rev.  Stats.,  1874',  ch.  79,  p.  039.] 
. . . § 14.  Justices  of  the  peace  shall  have  jurisdiction  in  all  cases  for  violation 

of  the  ordinances  of  cities,  towns  or  villages. 

73.  Constable  or  sheriff  may  serve  process  etc.]  § 9.  Any  con- 
stable or  sheriff  of  the  county  ma}’  serve  any  process,  or  make  any 
arrests  authorized  to  be  made  by  any  city  officer. 

74.  Jurisdiction  over  waters.]  § 10.  The  city  or  village  govein- 

ment  shall  have  jurisdiction  upon  all  waters  within  or  bordering  upon 
the  same,  to  the  extent  of  three  miles  beyond  the  limits  of  the  city  or 
village,  but  not  to  exceed  the  limits  of  the  state.  . . . 

1.  See  art.  3,  ^ 16;  as  to  territorial  jurisdiction;  ante,  p.  29. 

2.  The  legislature  may,  for  police  purposes,  prescribe  the  limits  of  municipalities, 
enlarging  or  contracting  them  at  pleasure,  and  give  them  power  to  ordain  ordinances 
to  prevent  nuisances,  to  operate  beyond  their  corporate  boundaries;  Chi.  Pack.  Co.  v. 
Chicago,  88  111.,  221. 

75.  An  act  to  define  the  jurisdiction  of  the  cities  and  incorporated 
towns  bordering  on  the  Ohio  river.  [Approved  March  26,  1872.  In 
force  July  1,  1872.  L 1871-2,  p.  578. 

Over  Ohio  river.  § 1.  Each  of  the  several  cities  and  incorpo- 
rated towns  of  this  state,  lying  on  the  Ohio  river,  and  bounded  thereby, 
are  hereby  invested  with  jurisdiction  over  their  river  fronts,  and  shall 
have  jurisdiction  ovei-  the  waters  of  said  river,  in  all  cases  occurring  on 
said  river,  and  o])posite  to  each  of  said  cities  or  incorporated  towns,  co- 
extensive with  the  jurisdiction  of  the  several  counties  in  this  state  in 
which  said  cities  or  incorporated  towns  in  ay  lie;  Provided,  no  thing 
herein  contained  sliall  be  construed  so  as  to  extend  the  jurisdiction  of 
said  cities  or  incorporated  towns y^ver  any  islands  in  said  riv^er  included 
within  the  corporate  limits  of  any  county  of  the  state  of  Kentucky. 

76.  An  act  to  extend  tlie  jurisdiction  of  towns  and  cities  on  any 
river  within  or  on  the  borders  of  this  state,  for  the  purpose  of  police 
regulations.  [Approved  and  in  force  Feb.  15,  1865.  L.  1865,  p.  111. 

"To  enforce  ordinances  on  boats  etc.]  § 1.  Cities  and  towns 
on  any  river  within  or  on  the  l)orders  of  this  state  shall  have  the  right 
to  extend  and  enforce  their  ordinances  so  as  to  include  any  boat  or 
other  floating  structure,  which  shall  i)e  kept  within  two  miles  of  the 
city  or  town  limits,  as  a place  for  drinking  spirituous  liquors,  or  for 


Officers  — Their  Powers  and  Duties, 


75 


gaming,  or  for  the  purpose  of  ])rostitution ; Provided,  no  authority 
shall  be  given  by  this  law,  beyond  what  the  law  now  authorizes,  to 
interfere  with  any  steamer  or  other  boat,  the  usual  business  of  which 
is  the*  carrying  of  freight  or  passengers. 

77.  An  act  providing  for  labor. on  the  streets  and  alleys  of  all 
cities  and  villages  in  this  state.  [Approved  May  31,  1879.  In  force 
July  1,  1879.  L.  1879,  p.  79. 

Labor  on  streets  etc.]  § 1.  That  the  city  council  in  all  cities 
and  the  president  and  board  of  trustees  in  all  villages  in  this  state,  may 
have  power,  by  ordinance,  to  require  every  able-bodied  male  inhabitant 
of  any  sncli  city  or  village,  above  the  age  of  twenty-one  years,  and 
under  the  age  of  fifty  years  (excepting  paupers,  idiots,  lunatics  and 
such  others  as  are  exempt  by  law),  to  labor  on  the  streets  and  alleys  of 
any  such  city  or  village,  not  more  than  two  (2)  days  in  each  year;  but 
such  ordinance  shall  provide  for  commutation  of  such  labor  at  seventy- 
five  cents  per  day. 

78.  Fines  and  penalties  may  be  imposed.]  § 2.  Any  such  city 
council  or  president  and  board  of  trustees  or  any  such  village  shall 
have  power  by  ordinance  to  provide  such  fines  and  penalties  as  may  be 
necessary  to  enforce  the  provisions  of  this  act. 


ARTICLE  VI. 

Officers — Their  Powers  and  Duties. 


Section. 

79.  Elective  officers. 

80.  Other  officers — duties  of  city  marshal. 

81.  Appointments — vacancies  — duties  — 

powers. 

82.  Oath  — bond. 

83.  Commission  — certificate — delivery  to 

successor. 

84.  Qualification  of  officers. 

85.  Not  to  be  interested  in  contracts  etc. 

86.  Bribery  — penalty. 

87.  Mayor  etc.  not  to  hold  other  office. 

88.  Duties  of  clerk. 


Section. 

89.  Record  of  ordinances. 

90.  Conservators  of  the  peace  — powers. 

91.  Police  districts  described. 

92.  Police  powers  within  the  district. 

92a.  Conveyance  of  prisoners. 

93.  Compensation  of  mayor. 

94.  (/’onipensatioa  of  aldermen,  etc. 

95.  Compensation  of  other  officers. 

90,  Compensation,  when  fixed, 

97.  Limitation  to  compensation. 

98.  Administering  oaths. 


79.  Elective  officers.]  Sec.  1.  There  shall  be  elected,  in  all  cities 
organized  under  this  act,  the  following  officers  viz. : a mayor,  a city 
council,  a city  clerk,  city  attorney,  and  a city  treasurer. 

1.  A city  treasurer  is  a mere  agent  of  the  city;  Smith  v.  Woolsey,  22  App.,  185. 

2.  All  other  offices  than  those  named,  that  may  be  deemed  necessary  or  expedient 
for  the  city  government,  must  be  provided  for  by  the  city  council.  The  officers  to 
fill  them  are  to  be  either  elected  by  the  legal  voters,  or  appointed  by  the,  mayor,  with 
the  approval  of  the  city  council,  as  shall  be  provided  by  ordinance;  Crook  v.  People, 
106  111.,  242. 

3.  Note  taken  by  a village  attorney,  in  his  own  name,  for  the  discharge  of  the 
maker  from  imprisonment  under  judicial  sentence  of  fine  and  costs,  for  a violation  of 


7C) 


OfI'K  IvKS  — TjIKllt  l^OWEKS  AND  Dl’TIKS. 


51  villsigc*  ordliuinco  rests  om  sm  illegal  consideration,  autliority  so  to  compromise  not 
being’ shown;  <iood  i\  Allen,  15  App.,  (>05. 

4.  Attorney,  elected  by  the  peoj)l(!,  on  behalf  of  the  city  may  prsiy  an  aj)peal  from 
51  judgment  sig5iinst  tin;  city  and  prepare;  tin;  ii(;c(;ssary  stej)s  to  perfect  the  same;  Con- 
nett -y.  ('hic5igo,  114  111,,  250. 

5.  Aftm-  taking  steps  to  ai)i)eal  from  a judgment  against  tlie  city.  Ids  duty  is  to  re- 
])ort  tlie  condition  of  the  C5ise  to  tin;  city  c.ouncil,  reporting  bis  view  as  to  the  expedi- 
ency of  5ippe5iling;  in  the  5ibsence  of  jeroof,  it  is  presumed  be  disebarged  tlie  duty; 
Connett  v.  (’bicago,  114  111.,  250. 

0,  Aft<>r  appeal  prav(‘d  bis  agreement  with  o])))Osing  counsel  to  arbitrate  tbe  city’s 
liability,  without  objection  of  the  council,  and  after  several  montbs  tbe  city  avails  of 
the  decision  to  bring  suit  to  (tarry  tbe  award  into  effect,  tbe  other  party  can  not  avoid 
tb(;  award  for  want  of  autliority  of  tbe  city  attorney;  Connett  v.  Chicago,  114  111.,  250. 

80.  Other  officers  — duties  of  city  marshal.  | § 2.  The  city  coun- 
cil may,  in  its  discretion,  from  time  to  time,  by  ordinance  passed  by  a 
vote  oi‘  two-thirds  of  all  the  aldermen  elected,  provide  for  the  election 
by  the  lei>’al  votei’s  of  the  city,  or  the  appointment  by  the  mayor,  with 
the  approval  of  the  city  council,  of  a city  collector,  a city  marshal,  a 
city  superintendent  of  streets,  a corporation  counsel,  a city  comptroller, 
or  any  or  either  of  them,  and  such  other  officers  as  may,  b}’  said  coun- 
cil, be  deemed  necessary  or  expedient.  The  city  council  may,  by  a like 
vote,  by  ordinance  or  resolution,  to  take  effect  at  the  end  of  tlie  then 
fiscal  year,  discontinue  any  office  so  created,  and  devolve  the  duties 
thereof  on  any  other  city  officer;  and  no  offi(?er  fillino^  any  such  office 
so  discontinued,  shall  have  any  claim  against  the  city  on  account  of 
his  salary,  after  such  discontinuance.  The  city  marshal  shall  perform 
such  duties  as  shall  be  prescribed  by  the  city  council  for  the  preserva- 
tion of  the  public  peace,  and  the  observance  and  enforcement  of  the 
ordinances  and  laws  ; he  shall  possess  the  power  and  authority  of  a 
constable  at  common  law,  and  under  the  statutes  of  this  state. 

1.  Tills  section  empowers  tbe  marsbal  to  serve  civil  process  witbiu  tbe  corporate 
limits;  Stewart  r.  People,  15  Ap]i.,  550. 

81.  Appointments— vacancies— duties — powers.]  § 3.  All  offi- 

cers of  any  city,  except  where  herein  otherwise  provided,  shall  be 
appointed  by  the  mayor  (and  vacancies  in  all  offices  except  the  mayor 
and  aldermen  shall  be  filled  by  like  appointment)  by  and  with  the  ad- 
vice and  consent  of  the  city  council.  Tlie  city  council  may  by  ordi- 
nance not  inconsistent  with  the  provisions  of  this  act,  prescribe  the 
duties  and  define  the  powers  of  all  such  officers,  together  with  the  term 
of  any  such  office : Provided,  the  term  shall  not  exceed  two  years. 

1.  See,  also,  art.  2,  §§  2-5;  art.  5,  § 4. 

2.  Officers  derive  all  tbeir  powers  from  and  tbeir  duties  are  prescribed  by  tbe 
statute.  All  persons  dealing  witb  tbein,  in  reference  to  public  affairs,  are  bound  to 
take  notice  of  those  powers  and  duties  and  see  tbat  tbeir  acts  are  witbin  tbe  scope  of 
tbeir  authority;  Tamm  v.  Lavalle,  92  111.,  265. 

5.  Unless  authorized  by  statute,  an  officer  can  perform  no  official  act  outside  of  and 
beyond  tbe  territorial  limits  in  which  be  is  authorized  and  required  to  act;  A^an 
Dusen  i\  People,  78  111.,  645. 

4.  Tbe  power  to  appoint  local  municipal  officers  is  not  vested  in  tbe  governor; 
People  V.  Hoffman,  116  111.,  594. 

5.  Imposing  new  duties  on  officers,  merely  statutory,  already  appointed  is  not  leg- 
islative appointment  of  officers;  Kilgour  v.  Drain.  Comm’rs,  111  111.,  550. 

6.  City  charter  fixing  an  officer’s  term  of  office;  an  ordinance  can  not  change  bis 
tenure;  Jacksonville  v.  Allen,  25  App.,  54. 


Officers  — Their  Powers  and  Duties.  77 

82.  Oath  — bond.J  § T.  Ali  officers  of  any  city  or  village,  wlietlier 
elected  or  appointed,  shall,  before  entering  upon  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or  affirmation  : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support  the  consti- 
tution of  the  United  States,  and  the  constitution  of  the  state  of  Illinois,  and  that  I 

will  faithfully  discharge  the  duties  of  the  office  of according  to  the  best 

of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  tiled  in  the  office 
of  the  clerk.  And  all  such  officers,  except  aldermen  and  trustees,  shall 
before  entering  upon  the  duties  of  their  respective  offices,  execute  a 
bond  with  security,  to  be  approved  by  the  city  council  or  board  of 
trustees,  payable  to  the  city  or  village,  in  such  penal  sum  as  may,  by 
resolution  or  ordinance,  be  directed,  conditioned  for  the  faithful  j)er- 
formance  of  the  duties  of  the  office  and  the  payment  of  all  moneys  re- 
ceived bv  such  officer,  according  to  law  and  the  ordinances  of  the  said 
city  or  village:  Provided,  however,  that  in  no  case  shall  the  mayors 

bond  be  tixed  at  a less  sum  than  'three  thousand  dollars  ($3,000) ; nor 
shall  the  treasurer’s  bond  be  fixed  at  a less  sum  than  the  amount  of  the 
estimated  tax  and  special  assessments  for  the  current  year  — which 
bonds  shall  be  filed  with  the  clerk  (except  the  bond  of  the  clerk,  which 
shall  be  filed  with  the  treasurer). 

1.  Failure  to  give  bond  within  a time  prescribed  by  a city  charter  (see  art.  4,  § 12) 
is  but  cause  of  forfeiture  of  office;  the  council  may  waive  the  forfeiture  and  does 
waive  it  by  subsequent  approval  of  the  bond;  Launtz  i\  People,  113  111.,  144. 

2.  Eight  members  of  a city  council  and  the  mayor  present;  four  members  remained 
mute;  four  members  and  the  mayor  — voting  as  on  a tie  — voting  to  aj)prove  a bond; 
the  bond  stood  approved;  Sullivan  v.  People,  18  App.,  627. 

3.  The  bond  of  a city  officer  is  approved  if  a majority  of  a quorum  present  vote 
affirmatively;  Launtz  v.  People,  113  111.,  143. 

4.  Sureties  executing  an  officer’s  bond  on  his  promise,  also,  to  execute  it  before 
delivery  will  be  liable  although  the  officer  fails  to  sign  it  before  its  approval;  Trus- 
tees V.  Sheik,  119  111.,  581. 

5.  A surety  signing  an  officer’s — statutory — bond  which  the  principal  receives 
and  delivers  he  not  signing,  in  violation  of  a condition  and  statute  requiring  him  to 
sign,  is  not  bound  by  its  acceptance  so  unsigned;  Schiek  v.  Trustees  etc.,  16  App.,  53. 
(But  see  next  item.) 

6.  When  sureties  rely  on  the  promise  and  not  on  a conditional  delivery  it  will  not 
constitute  the  execution  of  a bond  on  condition  that  an  officer  in  procuring  their 
signatures  promised  to  sign  the  same  before  delivery  but  failed  so  to  do;  Trustees  v. 
Sheik,  119  111.,  581. 

7.  Sureties  who  sign  an  officer’s  bond  at  his  request  and  on  his  promise  to  sign  it 
before  delivery  may  recover  from  the  officer  such  sum  as  they  are  compelled  to  pay, 
although  he  never  executed  the  bond;  Trustees  v.  Sheik,  119  111.,  581. 

8.  There  is  a difference  of  construction  applied  to  bonds  given  by  public  officers 
and  bonds  between  private  individuals;  C.,  B.  & Q.  RK.  C’o.  i\  Bartlett,  20  App.,  96. 

9.  For  any  breach  of  an  official  bond  suit  may  be  brought,  and  prosecuted  to  final 
judgment,  against  the  principal  and  his  sureties,  or  any  one  or  more  of  them,  or 
against  one  of  the  sureties  or  any  number  of  them  less  than  all,  or  against  all  the 
sureties,  without  first  obtaining  judgment  against  the  principal  (see  R.  S.,  1874,  ch. 
103,  § 13)  ; Cassady  v.  Trustees,  105  111.,  564. 

10.  Bond  conditioned  that  a city  clerk  shall  faithfully  perform  his  duty  and  de- 
liver over  all  money  etc.  coming  to  his  hand  as  clerk;  surety  is  not  held  for  money 
collected  where  no  ordinance  imposes*  the  duty  to  collect;  Linch  v.  Litchfield,  16 
App.,  614. 

11.  Where  a contract  of  surety  relates  to  the  acts  and  conduct  of  one  in  office,  a 
recovery  must  be  based  on  a violation  of  the  condition  occurring  during  the  official 


78 


Offickrs  — Til  KIR  Powers  and  Deties. 


tonn;  sinoty,  then,  is  liuble  only  for  ollicial  nets  done  or  omitted;  People  v.  Toomey, 
25  A])p.,  4(). 

12.  In  such  case  the  default  coniplaiiKHl  of  must  be  in  rcispect  to  the  manner  of  the 
])(M  fonnance  of  his  duties,  recjuired  of  him  by  law,  in  his  ofiicial  capacity;  so,  they 
must  be  the  ellici(mt  cause  of  the  loss;  People  v.  'roomey,  25  App.,  4(5. 

15.  Suit  on  the  ofiicial  bond  of  a city  treasurer,  conditioned  that  he  shall  pay  out 
money  in  his  hand  as  directed  by  the  city  council;  plea  that  the  council  never  di- 
rected a ])ayment  non  payment  of  which  is  assigned  for  breach;  demurrer  is  prop- 
ei'ly  overruled;  R St.  L.  -y.  Launtz,  20  App.,  044. 

14.  'IVn  in  of  an  oliiccu-  for  a definite  period,  surety  is  liable  only  for  acts  per- 
formed during  such  ])eriod.  If  the  bond  is  silent  as  "to  time  of  liability  the  statute 
regulating  the  term  aids  the  contract;  People  v.  Toomey,  122  111.,  811. 

15.  One  in  oflice  for  successive  terms,  under  bond  at  each  term  and  default  discov- 
ered at  his  death;  presumed — in  the  absence  of  proof  — the  default  was  of  the  last 
term;  Pape  y.  People,  19  App.,  24. 

10.  A city  may  maintain  an  action  on  its  treasurer’s  bond,  for  the  use  of  one  in- 
jured by  his  refusal  to  pay  warrants  drawn  on  a particular  fund  in  his  pustody;  E.  St. 
L.  y.  Flannigan,  20  App.,  449. 

17.  See  Additional  Laws — Bonds. 

83.  Commission — certificate— delivery  to  successor.]  § 5.  All 

officers  elected  or  appointed  under  this  act  (except  the  clerk,  aldermen 
and  mayor,  and  trustees),  shall  be  commissioned  by  warrant,  under  the 
corporate  seal,  signed  by  the  clerk  and  the  mayor  or  presiding  officer 
of  the  city  council  or  board  of  trustees.  The  mayor  or  president  of  the 
board  of  trustees  shall  issue  a certificate  of  appointment  or  election, 
under  the  seal  of  the  corporation,  to  the  (;lerk  thereof,  and  any  person 
having  been  an  officer  of  the  city  or  village,  shall,  within  five  days 
after  notification  and  request,  deliver  to  his  successor  in  office  all  pro- 
])erty,  books  and  effects  of  every  description  in  his  possession,  belonging 
to  the  city  or  village,  or  appertaining  to  his  said  office;  and  upon  his 
refusal  to  do  so,  shall  be  liable  for  all  the  damages  caused  thereby,  and 
to  such  penalty  as  may  by  ordinance  be  prescribed. 

1.  The  decision  of  the  canvassers  of  an  election  affords  prima  facie  evidence  of  the 
legal  election  of  the  person  found  to  have  received  a plurality  of  the  votes  cast. 
Unless  his  title  to  the  office  is  contested,  in  some  mode  known  to  the  law,  he  will  be 
entitled  to  the  office  for  the  term  for  which  he  was  elected;  People  y.  Callaghan,  88 
111.,  128. 

2.  The  person  who  holds  a certificate  from  the  authorities,  appointed  by  law  to  can- 
vass the  votes,  declaring  him  duly  elected  to  the  office — in  this  case,  of  clerk  of  cir- 
cuit court  — and  who  has  complied  with  the  requirements  of  law,  in  relation  to  the 
office,  is  entitled  to  the  present  possession  thereof,  with  its  records  and  emoluments; 
non  obstante  a contest  of  the  election  bv  the  |)rior  incumbent;  People  y.  Head,  25 
111.,  325. 

3.  In  all  cases  where  a public  officer  appropriates  and  converts  to  his  own  use 
moneys  which  he  holds  in  his  official  capacity  and,  on  proper  demand,  refuses  to 
pay  over  to  the  party  or  parties  entitled  to  receive  the  same,  such  officer  and  his 
sureties  will  be  liable,  on  his  official  bond,  for  the  amount  of  such  moneys,  with  in- 
terest thereon,  at  the  rate  of  six  per  cent.,  from  the  time  of  such  conversion;  Cassady 

- y.  Trustees,  105  111.,  564. 

4.  Prosecution  under  the  criminal  code  for  neglect  or  refusal  to  pay  over  moneys 
officially  received  as  township  treasurer  is  not  prevented  by  a provision  of  school  law 
that  on  refusal  of  such  officer  to  pav  over  he  shall  pay  a money  penalty;  Johnson  y. 
People,  123  111.,  624. 

5.  In  such  case,  accused  being  his  own  successor,  it  is  not  necessary  in  order  to  con- 
vict to  show  receipt  of  the  money  after  his  last  appointment  or  that  he  had  it  in  hand 
at  that  time;  Johnson  y.  People,  123  111.,  624. 

6.  The  criminal  code  (§  216)  provides  as  follows;  If  any  person  whose  office  shall 
be  abolished  by  law,  vacated  or  determined  by  removal  from  office,  resignation,  death, 


Officers  — Their  Powers  and  Duties. 


79 


expiration  of  the  time  for  which  he  was  elected  or  appointed,  or  other  cause,  or  his 
executors,  administrators  or  other  persons,  shall  wilfully  and  unlawfully  withhold 
or  detain  from  his  successor  or  other  person  entitled  thereto  by  law,  the  records, 
papers,  documents  or  other  writings,  or  other  articles  of  property  appertaining  or  be- 
longing to  such  ollice,  or  mutilate,  destroy  or  take  away  the  same,  the  person  so  of- 
fending shall  be  imprisoned  in  the  penitentiary  not  less  than  one  year  nor  more  than 
five  years. 

7.  The  duty  is,  at  term  expired,  to  pay  over  to  his  successor  all  moneys  received 
during  a preceding  as  well  as  a last  term,  which  has  not  been  lawfully  paid  out;  one 
can  not  shield  himself  from  liability  by  failing  to  account  to  himself,  as  his  own  suc- 
cessor; Johnson  v.  People,  128  111.,  624. 

84.  Qualification  of  officers.]  § 6.  No  person  shall  be  eligible  to 
any  office  who  is  not  a qualified  elector  of  the  city  or  village,  and  who 
shall  not  have  resided  therein  at  least  one  year  next  preceding  his  elec- 
tion or  appointment,  nor  shall  any  person  be  eligible  to  any  office  who 
is  a defaulter  to  the  corporation. 

1.  See  Additional  Laws  — Officers. 

85.  Not  interested  in  contracts  etc.]  § 7.  No  officer  shall  be  di- 
rectly or  indirectly  interested  in  any  contract,  work  or  business  of  the 
city,  or  the  sale  of  any  article,  the  expense,  price  or  /consideration  of 
which  is  paid  from  the  treasury,  or  by  any  assessment  levied  by  any  act 
or  ordinance;  nor  in  the  purchase  of  any  real  estate  or  other  property 
belonging  to  the  corporation,  or  which  shall  be  sold  for  taxes  or  assess- 
ments, or  by  virtue  of  legal  process  at  the  suit  of  said  corporation, 

1.  See  Additional  Laws  — Officers. 

2 A contract  with  a trustee  to  do  work  for  a village  is  void;  the  officer  will  be  en- 
titled to  no  compensation  for  work  done  under  it;  Dwight  vs.  Palmer,  74  111,,  295. 

8.  If  a municipal  officer  contracted  to  furnish  an  article  to  the  corporation  and  had 
an  interest  in  its  sale,  he  would  come  within  the  prohibition  of  this  section.  Aliter 
if  he  merely  ordered  the  article,  by  authority  of  the  city,  and  advanced  the  money  to 
pay  for  it;  Anna  t;.  O’Callahan,  8 App.,  176. 

4.  The  acts  of  officers  disqualified  to  act,  by  reason  of  interest,  must  be  free  from 
motives  of  special  pecuniary  interest.  Courts  should  open  the  way  to  a proper  in- 
vestigation of  their  motives,  in  such  cases;  Sherlock  v.  Winnetka,  68  111.,  530;  S.  C., 
59  111.,  389;  Hunt  v.  Chicago,  60  111.,  183. 

5.  The  sale  of  its  bonds  by  a municipal  corporation  to  members  of  its  council  is 
void;  Sherlock  v.  Winnetka,  68  111.,  530;  S.  C.,  59  111.,  389. 

6.  Officers  or  agents  of  a public  corporation  having  no  power  with  respect  to  a given 
matter,  neither  their  acts  nor  their  individual  knowledge  in  respect  to  the  matter 
can,  in  any  way,  bind  such  corporation;  Bouton  v.  M’Donough  Co.,  84  111.,  384. 

86.  Bribery  — penalty.]  § 8.  Every  person  who  shall  promise, 
offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be  promised,  offered 
or  given,  or  furnish  or  agree  to  furnish,  in  whole  or  in  part,  to  be 
promised,  offered  or  given  to  any  member  of  the  city  council  or  board 
of  trustees,  or  any  officer  of  the  corporation,  after  or  before  his  election 
or  appointment  as  such  officer,  any  moneys,  goods,  right  in  action,  or 
other  property  or  any  thing  of  value,  or  any  pecuniary  advantage,  pre- 
sent or  prospective,  with  intent  to  influence  his  vote,  opinion,  judg- 
ment or  action  on  any  question,  matter,  cause  or  proceeding  which 
may  be  then  pending,  or  may  by  law  be  brought  before  him  in  his  of- 
ficial capacity,  shall,  upon  conviction,  be  imprisoned  in  the  penitentiary 
for  a term  not  exceeding  two  years,  or  shall  be  fined  not  exceeding 
$5,000,  or  both,  in  the  discretion  of  the  court.  Every  officer  who  shall 


so 


Ofkici:us  — Tin: IK  Powers  and  Duties. 


jiccept  any  such  i;ift  (»•  proinise,  or  undcj'taking  to  make  the  same  un- 
der any  agreement  or  understanding  that  liis  vote,  o])inion,  judgment 
or  action  shall  he  iidinenced  tlierehy,  or  shall  be  given  in  any  cjiiestion, 
matter,  cause  or  proceeding  then  pending,  or  which  may  by  law  be 
brought  before  him  in  his  official  capacity,  shall,  upon  conviction,  be 
dis(|ualified  from  holding  any  ])ublic  office,  trust  or  appointment  under 
the  city  or  village,  and  shall  forfeit  his  office,  and  shall  be  punished  by 
imj)risonment  in  the  penitentiary  not  exceeding  two  years,  or  by  a fine 
not  exceeding  $5,000,  or  both,  in  the  discretion  of  the  court.  Every 
])erson  otfendlng  against  either  of  the  provisions  of  this  section,  shall 
l)e  a competent  witness  against  any  other  person  offending  in  the  same 
transaction,  and  may  be  compellea  to  appear  and  give  evidence  before 
any  grand  jury  or  in  any  court  in  the  same  manner  as  other  persons; 
but  the  testimony  so  given  sJiall  not  be  used  in  any  prosecution  or  pro- 
ceeding, civil  or  criminal,  against  die  person  so  testifying. 

1.  At  common  law,  brib('ry  is  a grave  offense  against  public  justice.  The  at- 
tempt or  offer  to  bribe  is,  likewise,  criminal  — as  tending  co  corrupt  official  integrity 
— and  is  indictable;  Walsh  v.  People,  65  111.,  58. 

2.  The  offer  to  receive  a bribe,  by  a public  officer,  is  an  indictable  misdemeanor; 
Walsh  V.  People,  65  111.,  58. 

3.  The  criminal  code  further  provides  as  follows:  “ 31.)  Whoever  corruptly,  di- 

rectly or  indirectly,  gives  any  money  or  other  bribe,  present,  reward,  ])romise, 
contract,  obligation  or  security  for  the  payment  of  any  money,  present,  reward  or 
any  other  thing,  to  any  judge,  justice  of  the  peace,  sheriff,  coroner,  clerk,  constable, 
jailer,  attorney  general,  state’s  attorney,  county  attorney,  member  of  the  general  as- 
•sembly,  or  other  officer  ministerial  or  judicial,  or  to  any  legislative,  executive  or 
other  officer  of  any  incorporated  city,  town  or  village,  or  any  officer  elected  or  ap- 
pointed by  virtue  of  any  law  of  this  state,  after  his  election  or  appointment,  either 
before  or  after  he  is  qualified,  with  intent  to  infiuence  his  act,  vote,  opinion,  decision 
or  judgment  on  any  matter,  question,  cause  or  ])roceeding  which  may  be  then  pend- 
ing, or  may  by  law  come  or  be  brought  before  him,  in  his  official  cajmcity,  or  to 
cause  him  to  execute  any  of  the  powers  in  him  vested,  or  to  perform  any  duty  of  him 
required,  with  i)artiality  or  favor,  or  otherwise  than  is  required  by  law,  or  in  con- 
sideration that  such  officer  being  authorized  in  the  line  of  his  duty  to  contract  for 
any  advertising,  or  for  the  furnishing  of  any  labor  or  material,  shall  directly  or  indi- 
rectly arrange  to  receive,  or  shall  receive,  or  shall  withhold  from  the  parties  so  con- 
tracted with,  any  portion  of  the  contract  price,  whether  that  price  be  fixed  by  law  or 
by  agreement,  or  in  consideration  that  such  officer  hath  nominated  or  appointed  any 
person  to  any  office,  or  exercise  any  power  in  him  vested,  or  ]»erformed  any  duty  of 
him  required,  with  partiality  or  favor,  or  otherwise  contrary  to  law,  the  ])erson  so 
giving,  and  the  officer  so  I'eceiviug  any  money,  bribe,  present,  reward,  promise,  con- 
tract, obligation  or  security,  with  intent  or  for  the  purpose  or  consideration  afoiesaid, 
shall  be  deemed  guilty  of  bribery,  and  shall  be  punished  by  confinement  in  the  peni- 
tentiary for  a term  not  less  than  one  year  nor  more  than  five  years. 

“ (§  32.)  Every  person  who  shall  offer  or  attempt  to  bribe  any  member  of  the  general 
assembly,  judge,  justice  of  the  peace,  sheriff,  coroner,  clerk,  constable,  jailer,  attor- 
ney general.  state’s  attorney  or  other  officer,  ministerial  or  judicial,  oi- any  legisla- 
tive, executive  or  other  officer  of  any  incorporated  city,  town  or  village,  or  any  officer 
elected  or  appointed  by  virtue  of  any'  law  of  this  state,  in  any  of  the  cases  mentioned 
in  the  preceding  section,  and  every  such  officer  who  shall  propose  or  agree  to  receive 
a bribe  in  any  of  such  cases,  shall  be  fined  not  exceeding  $5,000.” 

87.  Mayor  etc.  not  to  hold  other  office.]  § 9.  No  mayor,  aider- 
man,  city  clerk  or  treasurer,  shall  hold  any  other  office  under  the  city 
government  during  his  term  of  office. 

1.  See  Additional  Laws  — Officeks. 


Officers  — Their  Powers  and  Duties. 


81 


88.  Duties  of  clerk. J § 10.  The  clerk  shall  keep  the  corporate  seal, 
to  be  provided  under  tlie  direction  of  the  city  council  or  board  of  trus- 
tees, and  all  papers  belonging  to  the  (dty  or  village;  he  shall  attend  all 
meetings  of  the  city  council  or  board  of  trustees,  and  keep*a  full  record 
of  its  proceedings  in  the  journal ; and  copies  of  all  papers  duly  filed  in 
his  office,  and  transcripts  from  the  journals  and  other  records  and  files 
of  his  office,  certified  by  him  under  the  corporate  seal,  shall  be  evidence 
in  all  courts  in  like  manner  as  if  the  originals  were  produced. 

89.  Record  of  ordinances.]  § 11.  The  clerk  shall  record,  in  a book 
to  be  kept  for  that  purpose,  all  ordinances  passed  by  the  city  council  or 
board  of  trustees,  and  at  the  foot  of  the  record  of  each  ordinance  so  re- 
corded shall  make  a memorandum  of  the  date  of  the  passage  and  of  the 
publication  or  posting  of  such  ordinance,  which  record  and  memoran- 
dum, or  a certified  copy  thereof,  shall  be  prima  facie  evidence  of  the 
passage  and  legal  publication  or  posting  of  such  ordinances  for  all  pur- 
poses whatsoever. 

90.  Conservators  of  the  peace  — powers!]  § 12.  The  trustees  in 
villages,  the  mayor,  aldermen  and  the  marshal  and  his  deputies,  police- 
men and  watchmen,  in  cities,  if  any  such  be  appointed,  shall  be  con- 
servators of  the  peace  ; and  all  officers  created  conservators  of  the  peace 
by  this  act,  or  authorized  by  any  ordinance,  shall  have  povver  to  arrest, 
or  cause  to  be  arrested,  with  or  without  process,  all  persons  who  shall 
break  the  peace,  or  be  found  violating  any  ordinance  of  the  city  or  vil- 
lage, or  any  criminal  law  of  the  state,  commit  for  examination,  and  if 
necessary,  detain  such  persons  in  custody  over  night  or  Sunday  in  the 
watch  house,  or  any  other  safe  place,  or  until  they  can  be  brought  be- 
fore the  proper  magistrate,  and  sliall  have  and  exercise  such  other  flow- 
ers as  conservators  of  the  peace,  as  the  city  council  or  board  of  trustees 
may  prescribe.  All  warrants  for  the  violation  of  ordinances,  and  all 
criminal  warrants  to  whomsoever  directed,  may  be  served  and  executed 
within  the  corporate  limits  of  any  such  city  or  village  by  any  police- 
man of  such  city  or  village  ; such  policemen  being,  hereby,  clothed  with 
all  the  common  law  and  statutory  power  of  constables  for  such  pur- 
poses. [As  amended  by  act  approved  June  14,  1883.  In  force  July 
1,  1883.  L.  1883,  p.  58. 

1.  See  art.  2,  ^ 8 and  notes  thereto. 

2.  At  common  law,  peace  officers  were  authorized  to  arrest  street  walkers.  The 
common  law  is  in  force  in  this  state,  as  to  such  offenses;  Miles  v.  Weston,  GO  111.,  361. 

3.  Unless  the  party  against  whom  a warrant  is  issued,  on  charge  of  the  commis- 
sion of  a criminal  oft'ense,  has  fled  from  the  county,  a constable  of  the  county  has  no 
authority  to  arrest  him  in  another  county.  If  he  does  both  he  and  the  party  procur- 
ing the  arrest  will  be  liable  for  false  imprisonment;  Krug  v.  Ward,  77  111.,  G03. 

4.  The  powers  of  a policeman  are  no  greater  than  are  those  of  a constable,  in 
respect  of  the  power  of  arrest.  A constable  may,  without  warrant,  arrest  any  one 
for  a breach  of  the  peace  committed  in  his  view  and  carry  him  before  a justice  of  the 
peace.  In  case  of  a felony,  actually  committed,  or  a dangerous  wounding,  whereby 
a felony  is  likely  to  ensue,  he  may.  upon  probable  suspicion,  arrest  the  perpetrator. 
In  such  case  — as  upon  warrant  — he  may  break  doors  and,  even,  slay  the  felon  if  he 
can  not  otherwise  be  taken;  Shanley  v.  VVells,  71  111.,  78. 

5.  In  all  cases  not  felonies,  or  likely  to  result  in  one,  where  the  offense  is  not  com- 
mitted in  the  officer’s  view,  or  the  act  done  or  threat  made  is  not  fresh,  a policeman  — • 
or  constable  — has  no  right  to  arrest  without  a warrant;  Shanley  Wells,  71  111.,  78. 

11 


Officers  — Their  Powers  amd  Dities. 


-s;.' 


().  An  arn^st  witlioiit  warrant  may  1)0  ma(l<%  V)y  a city  marshal,  vvliere  the  power  is 
^^iven  to  a citv  l)y  charter,  of  any  pcirson  violating  an  ordinance  in  liis  view;  Bryan  d. 
Bates,  15  111.;  87.  ' . 

7.  A ]>rivate  person  may  arrest  persons  guilty  of  the  commi.ssion  of  any  crime  or 
mis(l(“meanor.  in  this  state,  without  a warrant.  Wlien  the  arrest  is  made  under  the 
heli(>f  that  the  ]>arty  arrested  is  guilty  of  a felony  when,  in  fact,  he  is  guilty  of  a 
misdemeanor,  only,  the  arrest  will  be  justified;  Smith  t'.  Donelly,  00  111.,  404. 

8.  It  is  the  duty  of  a police  officer,  if  Ik;  knows  that  a felony  has  been  committed, 
w'ithin  his  jurisdiction,  and  there  is  good  reason  to  suspect  a particular  })erson  is 
guilty  th(;reof,  to  arrest  him  and  take  him  before  a magistrate  for  examination. 
d’lK;re  must,  however,  be  a strong  conviction,  from  the  circumstances,  that  the  per- 
son arrested  is  the  felon;  Marsh  i\  Smith,  49  111.,  896. 

9.  An  arrest  for  a breach  of  the  peace  need  not  be  made  immediately.  It  may  he 
made  after  peace  is  restored  and  the  affray  is  over,  or  on  the  information  of  an  officer 
who  was  present,  witnessing  it.  after  the  affray  is  over;  Main  v.  M’Carty,  15  111.,  441. 

10.  Where  an  officer,  who  is  present  at  the  commission  of  an  offense,  is  not  able 
to  make  an  arrest  and  calls  in  other  officers,  or  the  posse,  or  qp  hue  and  cry,  those 
who  aid  have  a justification  as  broad  as  his  own;  Main  r M’Carty,  15  111.,  441. 

11.  An  officer  who  has  arrested  a criminal,  where  he  escapes  may,  if  it  becomes 
necessary,  break  open  the  doors  of  his  house  to  re-arrest  him;  Cahill  v.  People,  106 
111.,  624." 

12.  If  a public  officer  be  resisted  and  killed  by  one  whom  he  is  illegally  attempting 
to  arrest,  without  color  of  authority  of  law,  the  killing  will  be  manslaughter  only; 
unless  the  evidence  shows  previous  or  express  malice;  Rafferty  v.  People,  72  111.,  87. 

18.  To  constitute  an  arrest  there  must  b(\  at  least,  words  and  acts  toward  the  per- 
son clearly  showing  an  intention  to  arrest  and  his  submission  must  be  to  a threatened 
and  reasonably  apprehended  force;  Greathouse  r.  Summerfield,  25  App.,  296. 

14.  The  common  law  rule,  exempting  from  arrest  on  civil  process  parties  and  wit- 
nesses in  a law  suit,  while  coming  to,  attending  on  or  returning  from  the  court  does 
not  apply  to  the  service  of  process  by  mere  reading  - Greer  r.  Young-,  120  111.,  185. 

15.  It  is  provided  by  the  criminal  code,  § 340  (Div.  6,  § 2),  that  “It  shall  be  the 
duty  of  every  sheriff,  coroner,  constable,  and  every  marshal,  policeman,  or  other 
officer  of  any  incorporated  city,  town  or  village,  having  the  power  of  a sheriff  or  con- 
stable, when  any  criminal  offense  or  breach  of  the  peace  is  committed  or  attempted 
in  his  presence,  forthwith  to  apprehend  the  offender  and  bring  him  before  some  jus- 
tice of  the  peace,  to  he  dealt  with  according  to  law;  to  suppress  all  riots  and  unlaw- 
ful assemblies,  and  to  keep  the  peace,  and  without  delay  to  serve  and  execute  all 
-warrants,  writs,  precepts  and  other  process  to  him  lawfully  directed.” 

An  act  to  detine  police  districts,  and  the  powers  and  the  duties  of 
the  police  therein.  [Approved  May  13,  1887.  In  force  May  13, 
1887.  L.  1887,  p.  104. 

91.  District  described.]  Sec.  1.  The  territory  wliich  is  embraced 
within  the  limits  of  adjoining  cities,  villages  and  incorporated  towns, 
within  any  county  in  this  state,  shall  he  a police  district. 

92.  Police  powers  within  the  district.]  § 2.  It  shall  be  lawful  for 
the  police  of  any  city,  village  or  incorporated  town  in  such  district  to 
go  in  to  any  part  of  such  district  to  suppress  riot,  to  preserve  tlie  peace 
and  protect  the  lives,  rights  and  property  of  citizens  and,  for  such  pur- 
poses, it  shall  be  the  duty  of  the  mayor  of  any  city,  the  president  or 
the  president  and  board  of  trustees  of  any  village  or  incorporated  town 
in  such  district,  and  the  chiefs  of  police  therein,  to  use  the  police  forces 
under  their  control  anywhere  in  such  district. 

An  act  to  prevent  the  use  of  uncovered  patrol  wagons  for  the  convey- 
ance of  prisoners  and  prescribing  certain  penalties  for  the  violation 
thereof.  [Approved  June  17,  1893.  L,1893,  p.  76. 

92a.  Conveyance  of  prisoners,  vehicle  to  be  covered.]  § 1. 
Be  it  enacted  by  the  people  of  ike  state  of  Illinois^  represented  in  the  general 
assembly:  That  all  cities  of  fifty  thousand  inhabitants  or  upwards,  in 


Officers  — Their  Powers  and  Duties. 


83 


this  state,  owning,  controlling  or  using  patrol  wagons,  omnibuses,  vans 
or  other  vehicles  of  any  class  or  kind,  for  the  purpose  of  conveying 
prisoners  to  police  stations,  jails,  houses  of  eori’ection,  penitentiaries  or 
other  places  for  the  detention  of  such  prisoners,  shall  provide  suitable 
covers  or  canopies  for  such  patrol  wagons,  omnibuses,  vans  or  other 
vehicles,  so  that  the  prisoners  which  may  be  conveyed  therein  shall  not 
be  exposed  to  jiublic  view. 

92b.  Prohibition.]  § 2.  It  is  and  shall  be  unlawful  for  the  authori- 
ties or  officers  of  any  such  city,  in  this  state,  to  compel  any  person  who 
is  under  arrest,  imprisonment,  or  in  their  care,  custody  or  charge,  to 
ride  or  to  be  driven  in  an  open  or  uncovered  patrol  wagon,  omnibus, 
van  or  other  vehicle  of  any  class  or  kind  named  in  the  first  section  of 
this  act,  in  or  through  the  public  streets  or  other  public  places  in  this 
state. 

92c.  Penalty— act  when  in  force.]  Any  sheriff,  coroner,  consta- 
ble, marshal,  })ol iceman,  warden,  superintendent  or  other  officer  of  such 
city  violating  the  provisions  of  this  act,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars.  Provided,  this  act  shall  not 
become  a law,  nor  go  into  effect  until  July  1,  A.  d.  1894. 

93.  Compensation  of  mayor.]  § 13.  The  mayor  of  any  city  shall 
receive  such  compensation  as  the  city  council  may,  by  ordinance,  direct; 
but,  his  compensation  shall  not  be  changed  during  his  term  of  office. 

94.  Compensation  of  aldermen  and  trustees.]  § 14.  The  aider- 
men  and  trustees  may  receive  such  compensation  for  their  services  as 
shall  be  fixed  by  ordinance ; Provided,  however,  such  compensation 
shall  not  exceed  three  dollars  to  each  alderman  or  trustee  for  each 
meeting  of  the  city  council,  or  board  of  trustees,  actually  attended  by 
him,  and  no  other  compensation  than  for  attendance  upon  such  meetings 
shall  be  allowed  to  any  alderman  or  trustee  for  any  services  whatsoever. 
Such  compensation  shall  not  be  changed,  after  it  has  been  once  estab- 
lished, so  as  to  take  effect  as  to  any  alderman  or  trustee  voting  for  such 
change,  during  his  term  of  office. 

95.  Compensation  of  other  officers.]  §15.  All  other  officers  may 
receive  a salary,  fees  or  other  compensation  to  be  fixed  by  ordinance, 
and  after  the  same  has  been  once  fixed,  such  fees  or  compensation  shall 
not  be  increased  or  diminished,  to  take  effect  during  the  term  for 
which  any  such  officer  was  elected  or  appointed  ; and  every  such  officer 
shall  make  and  return  to  the  mayor,  or  president  of  the  board  of 
trustees,  a semi-annual  report,  verified  by  affidavit,  of  all  such  fees  and 
emoluments  received  by  him. 

1.  In  tlie  absence  of  statutory  provision  an  officer  can  recover  no  remuneration  for 
services  rendered;  Bruner  v.  Mad.  Co.,  Ill  111.,  16. 

2.  A person  wlio  accepts  a public  office  with  a fixed  salary  is  bound  to  perform  the 
duties  of  the  office  for  the  salary.  He  can  not,  lawfully,  claim  additional  compensa- 
tion for  the  discharge  of  those  duties,  even  although  they  be  subsequently  imposed. 
*and  the  salary  is  inadequate;  Decatur  v.  Vermillion,  77  111.,  315. 

3.  The  general  statute  as  to  ‘‘  Fees  and  salaries”  (Rev.  Stats.,  ch.  53,  § 38),  pro- 
vides that,  “ collectors  in  cities  or  incorporated  towns  in  counties  of  the  first  and. 
second  classes,  shall  receive  such  fees  as  may  be  prescribed  by  the  common  council 
or  board  of  trustees  of  their  respective  cities  or  incorporated  towns,  not  exceeding,  in 
any  case,  two  per  cent,  of  the  amount  collected  by  them  ”. 


84 


Of  Fj nance. 


An  act  to  enable  the  corporate  autlioritics  of  cities  to  establish  and  fix 
the  salaries  of  city  ollieers.  [Approved  and  in  force  April  23,  1873. 

96.  When  to  be  fixed  — not  changed  during  term.]  Sec.  1.  It 
sliall  and  may  1)0  lawful  for  the  common  council  or  legislative  authority 
of  any  city  in  this  state  to  establish  and  fix  the  amount  of  salary  to  be 
)>aid  any  and  all  city  officers,  as  the  case  may  be,  exc.ept  members  of 
such  legislative  body,  in  the  annual  appropriation  bill  or  ordinance 
made  for  the  purpose  of  ]^rovidiug  for  the  annual  expenses  of  any 
such  city,  or  by  some  oi’di nance  prior  to  the  passage  of  such  annual 
appropriation  bill  or  ordinance  ; and  the  salaries  or  compensation  thus 
fixed  or  established,  shall  neither  be  inci-eased  nor  diminished  l)v  the 
said  common  council  or  legislative  authority  of  any  such  city,  after  tlie 
passage  of  said  annual  appropriation  bill  or  ordinance^  during  the  year 
for  which  such  appropriation  is  made,  and  no  extra  compensation  shall 
ever  be  allowed  to  any  such  officer  or  employe  over  and  above  that 
provided  in  manner  aforesaid. 

An  act  to  limit  the  compensation  of  officers,  agents  or  employes  of 
incorporated  towns  or  villages.  [Approved  June  26,  1885.  In 
force  July  1,  1885.  L.  18S5,  p.  58. 

97.  Limit  to  compensation.]  Sec.  1.  Whenever  any  officer,  agent 
or  employe  of  any  incorporated  town  or  village,  hereafter  to  be  elected 
or  appointed,  is  paid  by  a commission  or  per  centage  on  the  moneys 
collected,  handled  or  ]>aid  over  by  him,  it  shall  be  unlawful  for  said 
officer,  agent  or  employe  to  receive  or  retain  for  his  compensation,  for 
collecting,  handling  or  paying  over  such  moneys,  any  greater  sum  than 
that  produced  by  such  per  centage  or  commission,  and  in  no  case  shall 
such  compensation  exceed  the  sum  of  five  thousand  dollars  ($5,000) 
per  annum. 

98.  Administering  oaths.]  § 16.  The  mayor  of  any  city,  and  the 
clerk  of  any  city  or  village,  shall  have  power  to  administer  oaths  and 
affirmations  upon  all  lawful  occasions. 


ARTICLE  YII. 
Of  Finance. 


Section. 

99.  Fiscal  year. 

100.  Annual  appropriation  ordinance. 

101.  Limitation  — emergency — borrowing 

money. 

102.  Contracting  liabilities  limited. 

103.  Duties  of  treasurer. 

104.  Separate  accounts. 

105.  Receipts. 

106.  Monthly  statements  — warrants  — 

vouchers. 

107.  Deposit  of  funds. 

108.  Annual  report  — publication. 

109.  Warrants. 

110.  Special  as.sessment  fund  kept  sepa- 

rate. 


Section. 

111.  Collector’s  duties. 

112.  He  shall  report  — publication. 

113.  Not  to  detain  money  — penalty. 

114.  Examination  of  his  books  — paying 

over. 

115.  Comptroller’s  powers  and  duties. 

116.  Council  may  define  the  duties  — 

transfer  of  clerk’s  financial  duties. 

117.  Record  of  bonds  issued  by  city. 

118.  Further  duties  may  be  required. 

119.  Appeal  to -finance  committee. 

120.  Who  may  appoint  subordinates. 

121.  Foreign  insurance  companies. 


99.  Fiscal  year.]  Sec.  1.  The  fiscal  year  of  each  city  or  village,  or- 
ganized under  this  act,  shall  commence  at  the  date  established  by  law 


Of  Finance.  ^5 

for  the  annual  election  of  municipal  ofiicers  therein,  or  at  such  other 
times  as  may  be  fixed  by  ordinance. 

100.  Annual  appropriation  ordinance.]  § 2.  Tlie  city  council  of 
cities,  and  board  of  trustees  in  villages,  shall,  within  the  first  quarter  of 
each  fiscal  year,  pass  an  ordinance,  to  lie  termed  the  annual  appropria- 
tion bill,  in  which  such  corporate  authorities  appropriate  such  suni 
or  sums  of  money  as  may  be  deemed  necessary  to  defray  all  necessary  ex- 
penses and  liabilities  of  such  corporation  ; and,  in  such  ordinance  shall 
specify^  the  objects  and  purposes  for  which  such  appropriations  are 
made,  and  the  amount  appropriated  for  each  object  or  purpose.  No 
further  appropriations  shall  be  made  at  any  other  time  within  such 
fiscal  year,  unless  the  proposition  to  make  each  appropriation  has  been 
first  sanctioned  liy  a majority  of  the  legal  voters  of  such  city  or  village, 
either  by  a petition  signed  by  them,  or  at  a general  or  special  election 
dulv  called  therefor. 

1.  The  word  “may”  should  be  read  “shall” — “shall  appropriate  such  sum  or 
sums  of  money  as  may  be  deemed  necessary  to  defray  all  necessary  expenses  and 
liabilities”  etc.;  Cairo  v.  Campbell,  116  111.,  »310. 

2.  Mayor  and  common  council  are  distinct  as  to  passage  of  appropriation  bill; 

King  Chicago.  Ill  111.,  66.  , 

8.  This  section  does  not  require  an  appropriation  bill  — of  city  — to  be  completed 
and  approved  within  the  first  quarter  of  the  citv’s  fiscal  year;  King  v.  Chicago,  111 
111.,  66. 

4.  Appropriation  ordinance,  passed  within  the  time  limited,  vetoed  as  to  some 
items.  After  the  time  limited  the  council  passed  most  of  the  vetoed  items  the  veto 
notwithstanding.  The  ordinance  was  adopted  in  time;  the  subsequent  action  of  the 
council  was,  in  law,  but  an  adherence  to  appropriations  alreadv  made;  Fairfield  v. 
People,  94  111.,  244. 

5.  Appropriation  ordinance  of  city  or  village  takes  effect  ten  days  after  publication; 
People  «.  P.,  D.  & E.  Ry.  Co.,  116  111.,  411. 

6.  Publication  of  an  appropriation  ordinance  of  city,  village  or  town  is  not  essen- 
tial before  delivery  to  county  clerk  for  assessment  of  tax;  People  v.  Lee,  113  111., 
118. 

7.  Writ  will  issue  to  compel  a city  to  provide  for  the  collection  of  a yearly  tax  to 
meet  interest  on  and  to  discharge  its  indebtedness  in  twenty  years;  E.  St.  L.  v.  People, 
124  111.,  660. 

8.  One  whose  judgment  against  a city  is  omitted  from  the  appropriation  bill,  per- 
versely or  negligently,  may  compel  the  levy  and  collection  of  a tax  for  its  payment; 
Cairo  v.  Campbell,  116  111.,  807. 

9.  Demand  on  city  council  for  the  payment  of  a judgment  against  the  city  at  any 
time  before  the  day  fixed  by  law  for  the  adoption  of  the  appropriation  ordinance 
justifies  mandamus  to  compel  a tax  levy  to  satisfy  it;  Cairo  v.  Campbell,  116  111.,  307. 

10.  Equity  will  restrain  the  abuse  of  the  taxing  power  by  municipalities,  when 
exercised  without  charter  power,  or  for  purposes  not  warranted,  or  the  expenditure 
of  corporate  funds  for  purposes  not  authorized.  It  may  be  the  courts  would  inter- 
fere where  the  corporation  is  endeavoring  to  squander  corporate  funds,  in  violation 
of  its  charter  powers,  where  it  will  unnecessarily  increase  the  burden  of  taxation; 
Hesing  v Scott,  107  111.,  604. 

101.  Limitation  — emergency  — borrowing  money.]  § 3. 

Neither  the  city  council  nor  the  board  of  trustees,  nor  any  department 
or  officer  of  the  corporation,  shall  add  to  the  corporation  expenditures 
in^  any  one  year  any  thing  over  and  above  the  amount  provided  for  in 
tlie  annual  appropriation  bill  of  that  year,  except  as  is  herein  otherwise 
specially  provided;  and,  no  expenditure  for  an  improvement  to  be  paid 
for  out  of  tiie  general  fund  of  the  corporation  shall  exceed,  in  any  one 
year,  the  amount  provided  for  such  improvement  in  the  annual  appro- 
priation bill:  Provided,  however,  that  nothing  herein  contained  shall 


8f) 


Of  Finance. 


})rovent  tlie  city  council  or  }x)anl  <;f  trustees  from  orciering,  by  a two- 
thirds  vote,  any  improvement,  the  necessity  of  wliicli  is  caused  by  any 
casualty  or  accident  happening  after  such  annual  ap])ropriation  is  made. 
The  city  council  or  board  of  trustees  may,  by  a like  vote,  order  the 
mayor  or  pi-esident  of  the  boai’d  of  trustees  and  finance  coirimittee  to 
borrow  a sutHcient  amount  to  ]>rovide  for  the  expense  necessary  to  be 
incurred  in  making  any  ini])rovements,  the  necessity  of  which  has 
arisen,  as  is  last  above  mentioned,  for  a space  of  time  not  exceeding  the 
close  of  the  next  fiscal  year  — which  sum,  and  the  interest,  shall  be 
added  to  the  amount  authorized  to  be  raised  in  the  next  general  tax 
levy,  and  embraced  therein.  Should  any  judgment  be  obtained  against 
the  corporation,  the  mayor,  or  president  of  the  board  of  trustees  and 
finance  committee,  under  the  sanction  of  the  city  council  oi*  board  of 
trustees,  may  borrow  a sufficient  amount  to  pay  the  same,  for  a space 
of  time  not  exceeding  the  close  of  the  next  fiscal  year  — which  sum 
and  interest  shall,  in  like  manner,  be  added  to  the  amount  authorized 
to  be  raised  in  the  general  tax  levy  of  the  next  year,  and  embraced 
therein. 

1.  Mandamus  will  issue  to  compel  a municipal  corporation  to  pay  a judgment  ren- 
dered against  it,  there  being  no  other  adequate  remedy,  as  an  execution  can  not  be 
levied  on  the  property  of  such  coiq)oratiou;  Olney  c.  Harvey,  50  ill.,  453;  Chicago  v. 
llasley,  25  111.,  595. 

2.  A written  demand,  by  a creditor,  for  the  payment  of  a judgment  against  a city 
and  a neglect  to  pay,  are  sufficient  to  authorize  a fnandamus  reejuiring  the  city  coun- 
cil to  levy  a tax  for  the  payment  thereof;  Cairo  v.  Everett.  107  ill..  77. 

8.  Mandamus  will  not  issue  to  compel  a city  to  levy  and  collect  a tax  beyond  the 
limit  assigned  in  its  charter  for  the  purpose  of  paying  a judgment  recovered  against 
it;  nevertheless,  a city  will  be  compelled  to  use  such  available  means  as  are  at  its  dis- 
posal, under  the  taxing  power;  People  v.  Cairo,  50  111.,  154. 

102.  Contracting  liabilities  limited.]  § 4.  No  contract  shall  Ije 
hereafter  made  by  the  city  council  or  board  of  trustees,  or  any  com- 
mittee or  member  thereof ; and  no  expense  shall  be  incurred  by  any  of 
the  officers  or  departments  of  the  corporation,  whether  the  object  of 
the  expenditure  shall  have  been  ordered  by  the  city  council  or  board  of 
trustees  or  not,  unless  an  appropriation  shall  have  been  previously  made 
concerning  such  expense,  except  as  herein  otherwise  expressly  provided. 

1,  The  criminal  code  (§  208),  provides  that  “Every  person  holding  any  public 
office  (whether  state,  county  or  municipal),  trust  or  employment  who  .shall  be  guilty 
of  any  palpable  omission  of  duty,  or  who  shall  be  guilty  of  diverting  any  ])ublic 
money  from  the  use  or  purpose  for  which  it  may  have  been  appropriated  or  set  apart 
by  or  under  authority  of  law,  or  who  shall  be  guilty  of  contracting,  directly  or  indi- 
rectly, for  the  expenditure  of  a greater  sum  or  amount  of  money  than  may  have 
been,  at  the  time  of  making  the  contracts,  appropriated  or  set  apart  by  law,  or 
authorized  by  law  to  be  contracted  for  or  expended  upon  the  subject  matter  of  the 
contracts,  or  who  shall  be  guilty  of  willful  and  corrupt  oppression,  malfeasance  or 
partiality,  where  no  special  provision  shall  have  been  made  for  the  punishment 
thereof,  shall  be  fined  not  exceeding  ten  thousand  dollars,  and  may  be  removed  from 
his  office,  trust  or  employment.” 

2.  A resident  and  tax  payer  of  a municipal  corporation  has  such  an  interest  in  its 
affairs  as  to  entitle  him  to  an  injunction  to  prevent  the  incurring  of  indebtedness  in 
excess  of  that  allowed  by  the  constitution  and  laws;  Wright  v.  Bishop,  88  111.,  302; 
Springfield  v.  Edwards,  84  111.,  626. 

103.  Duties  of  treasurer.]  § 5.  The  treasurer  shall  receive  all 
moneys  belonging  to  the  corporation,  and  shall  keep  his  books  and 
accounts  in  such  manner  as  may  be  prescribed  by  ordinance,  and  such 


Of  Finance.  87 

books  aiul  accounts  shall,  always,  be  subject  to  the  inspection  of  any 
member  of  liie  city  council  or  board  of  trustees. 

1.  He  is  the  custodian  of  all  school  funds,  from  whatever  source  derived,  in  a city 
having  over  100,000  inhabitants;  Peo])le  Roche,  124  111.,  10. 

2.  He  is  not  liable  to  g-arnishment  as  to  any  money  hold  by  him  virtute  officii; 
Smith  V.  Woolsey,  22  App.,  18o. 

3.  If  school  trustees  are  entitled  to  a proportion  of  a city’s  receipts  for  dram  shop 
licenses  the  city  is  the  trustee,  to  be  sued  for  the  recovery  — not  the  treasurer;  E.  St. 
L.  V.  Launtz,  20  App.,  644. 

104.  Separate  accounts.)  ^ 6.  He  shall  keep  a separate  account  of 
each  fund  or  appropriation,  :ind  tlie  debts  and  credits  belonging  thereto. 

105.  Receipts.]  § 7.  He  shall  give  every  person  paying  money 
in  to  the  treasuiy  a receipt  therefor,  specifying  the  date  of  payment, 
and  upon  what  account  paid ; and  lie  shall  also  file  copies  of  such 
receipts  with  the  clerk,  at  the  date  of  his  monthly  reports. 

106.  Monthly  statements — warrants  — vouchers  — register.] 
§ 8.  The  treasurer  shall,  at  the  end  of  each  and  every  month,  and 
oftener  if  required,  render  an  account  to  the  city  council  or  board  of 
trustees,  or  such  officer  as  may  be  designated  by  ordinance  (under  oath), 
showing  the  state  of  the  treasury  at  tiie  date  of  said' account,  and  the 
balance  of  money  in  the  treasury.  He  shall,  also,  accompany  such 
accounts  witli  a statement  of  all  moneys  received  in  to  the  treasury,  and 
on  what  account,  together  with  all  warrants  redeemed  and  paid  by  him  ; 
which  said  warrant,  wdth  any  and  all  vouchers  held  by  him,  shall  be 
delivered  to  the  clerk,  and  filed  with  his  said  account  in  the  clerk’s 
office,  upon  every  day  of  such  settlement.  He  shall  return  all  warrants 
paid  by  him  stamped  or  marked  “ paid  ”.  He  shall  keep  a register  of 
all  warrants  redeemed  and  paid,  which  shall  describe  such  warrants,  and 
show  the  date,  amount,  number,  the  fund  from  which  paid,  the  name 
of  the  person  to  wdiom  and  wdien  paid. 

1.  A city  may  maintain  an  action  on  the  bond  of  its  treasurer,  for  the  use  of  one 
injured,  for  a refusal  to  pay  warrants  drawn  on  a particular  fund,  in  his  custody;  E. 
St.  L.  V.  Flannigan,  26  App.,  449. 

2.  Suit  on  bond  conditioned  that  he  shall  pay  out  money  in  his  hand  as  directed  by 
the  city  council  ; plea  that  the  council  never  directed  a payment,  non  payment  of 
which  is  assigned  for  breach;  demurrer  is  properly  overruled;  E.  St.  L.  r.  Launtz,  20 
App.,  644. 

107.  Deposit  of  funds  — separate  from  his.]  § 9.  The  treasurer 
may  be  required  to  keep  all  moneys  in  his  hands,  belonging  to  the  cor- 
poration, in  such  place  or  places  of  deposit  as  may  be  designated  by 
ordinance  : Provided,  however,  no  such  ordinance  shall  be  passed  by 
which  the  custody  of  such  money  shall  be  taken  from  the  treasurer  and 
deposited  elsewhere  than  in  some  regularly  organized  bank  tior  without 
a bond  to  be  taken  from  such  bank,  in  such  penal  sum  and  with  such 
security  as  the  city  council  or  board  of  trustees  shall  direct  and  approve, 
sufficient  to  save  the  corporation  from  any  loss ; but  such  penal  sum 
shall  not  be  less  than  the  estimated  recei))ts  for  the  current  year  from 
taxes  and  special  assessments  levied,  or  to  be  levied  by  the  corporation. 
The  treasurer  shall  keep  all  moneys  belonging  to  the  corporation  in  his 
hands  separate  and  distinct  from  his  own  moneys,  and  he  is,  hereby,  ex- 
pressly prohibited  from  using,  eitluu’  directly  or  indirectly,  the  corpora- 
tion money  or  warrants  in  his  custody  and  keeping,  for  his  own  use  and 
benefit,  or  that  of  any  other  person  or  persons  whomsoever;  and  any 


8S 


Of  1^’hVANCF. 


violation  of  tins  provision  sliall  subject  him  to  immediate  removal  from 
ollice  by  the  city  council  or  board  of  trustee,  who  ai’e  hereby  autho- 
rized to  declare  said  oflice  vacant ; and  in  which  case  his  successor  shall 
be  aj)])ointed,  who  sliall  hold  his  oflice  for  the  remainder  of  the  term 
unexpired  of  such  oflicer  so  removed. 

1.  Th('  CTiminal  code  provides  as  follows  : “^80.  If  any  state,  county,  township, 
cily,  town,  village,  or  other  officer  elected  or  appointed  under  the  constitution  or 
laws  of  this  state,  or  any  clerk,  agent,  servant  or  emiiloye  of  any  such  officer,  em- 
l)('//l('s  or  fraudulently  converts  to  his  own  use,  or  fraudulentb'"  fakes  or  secretes 
with  intent  so  to  do,  any  money,  bonds,  mortgages,  cou])ons,  bank  bills,  notes,  war- 
rants, or(h*rs,  funds  or  securiti(‘s,  books  of  record,  or  of  accounts,  or  other  property 
Ixdonging  to,  or  in  the  possession  of  the  state  or  such  county,  towmship,  city,  town 
or  village.  <n-  in  possession  of  such  otiicer  by  virtue  of  his  office,  he  shall  be  ini- 
])risoned  in  the  penitentiary  not  less  than  one  nor  more  than  fifteen  years. 

“ § 81,  If  any  state,  county,  township,  (uty,  town,  village  or  othpr  officer  elected  or 
appointed  uiuhu-  the  constitution  or  laws  of  this  stat(*,  master  in  chancery,  commis- 
sioner or  otlnu'  offic(M‘  of  any  court,  or  any  clerk,  agent,  servuint  or  employe  of  any 
such  otficer,  shall  use,  by  way  of  investment  or  loan  for  his  own  use,  except  as  au- 
thorized by  law,  with  or  without  interest,  any  portion  of  the  money,  bonds,  mort- 
gages, coupons,  bank  bills,  notes,  warrants,  orders  or  other  funds  or  securities  in- 
trusted to  him  for  safe  keeping,  disbursement,  transfer  or  other  purpose,  if  the  sum 
or  value  of  the  pro]jer,ty  so  used  does  not  exceed  $100,  he  shall  be  fined  not  exceeding 
$200,  or  confined  in  the  county  jail  not  exceeding  three  months,  or  both;  or  if  the 
sum  or  value  of  the  property  so  used  or  loaned  exceeds  $100,  he  shall  be  fined  in 
double  the  amount  so  used  or  loaned,  or  confined  in  the  county  jail  not  exceeding 
one  year,  or  both  ”, 

108.  Treasurer’s  annual  report  — publication.]  § 10.  The  treas- 
urer shall  report  to  the  city  council  or  board  of  trustees,  as  often  as  re- 
quired, a full  and  detailed  account  of  all  receipts  and  expenditures  of 
the  corporation,  as  shown  by  his  books,  up  to  the  time  of  said  report; 
and  he  shall,  annually,  between  the  first  and  tenth  of  April,  make  out 
and  tile  witli  the  clerk  a full  and  detailed  account  of  all  such  receipts 
and  expenditures,  and  of  all  his  transactions,  as  such  trcasui-er,  during 
the  preceding  fiscal  year,  and  shall  show  in  such  account  the  state  of 
the  treasury  at  the  close  of  the  fiscal  year;  which  account  the  clerk  shall 
immediately  cause  to  be  published  in  a newspaper  printed  in  such  city, 
if  there  be  one,  and  if  not,  then  by  posting  the  same  in  a public  place 
in  the  clerk’s  office. 

109.  Warrants.]  §11.  All  warrants  drawn  upon  the  treasurer  must 
be  signed  bv  the  mayor  and  countersigned  by  the  clerk,  stating  the  par- 
ticular fund  or  appropriation  to  wdiich  the  same  is  chargeable,  and  the 
person  to  whom  payable ; and  no  money  shall  be  otherwise  paid  than 
upon  such  warrants  so  drawn,  except  as  hereinafter  provided. 

1.  See  notes  to  § lOG,  supra. 

no.  Special  assessment  funds  kept  separate.]  § 12.  All  mon- 
eys received  on  any  special  assessment  shall  be  held  by  the  treasurer 
as  a special  fund,  to  be  applied  to  the  ]mynient  of  the  improvement  for 
which  the  assessment  was  made,  and  said  money  shall  be  used  for  no 
other  purpose  whatever,  unless  to  reimburse  such  corporation  for  money 
expended  for  such  improvement. 

City  Collector. 

III.  His  duties.]  § 13.  It  shall  be  the  duty  of  the  collector,  when 
one  is  appointed,  to  preserve  all  warrants  which  ai’e  returned  into  his 


Of  Finance. 


8!) 


hands,  and  he  shall  keep  such  books  and  his  accounts  in  such  manner 
as  the  city  council  may  prescribe.  Such  warrants,  books,  and  all  papers 
pertnining  to  his  office  shall,  at  all  times,  be  open  to  the  inspection  of 
and  subject  to  the  examination  of  the  mayor,  city  clerk,  any  member 
of  the  council  or  committee  thereof,  lie  shall  weekly,  and  oftener  if 
required  by  the  council,  pay  over  to  the  treasurer  all  moneys  collected 
by  him  from  any  source  whatever,  taking  such  treasurer’s  receipt  there- 
for, which  receipt  he  shall  immediately  file  with  the  city  clerk  ; but,  the 
city  clerk  shall,  at  the  time,  or  on  demand,  give  such  tax  collector  a 
copy  of  any  such  receipt  so  filed. 

112.  He  shall  report  etc.— publication.]  § 14.  He  shall  make  a 
report,  in  writing,  to  the  council,  or  any  officer  designated  by  the 
council,  of  all  moneys  collected  by  him,  the  account  whereon  collected, 
or  of  any  other  matter  in  connection  with  his  office,  when  required  by 
the  council  or  by  any  ordinance  ol  the  city.  He  shall,  also,  annually, 
between  the  first  and  tenth  of  April,  file  with  the  clerk  a statement  of 
all  the  moneys  collected  by  him  during  the  year,  the  particular  warrant, 
special  assessment  or  account  on  which  collected,  the  balance  of  moneys 
uncollected  on  all  warrants  in  his  hands,  and  the  balance  remaining 
uncollected  at  the  time  of  the  return  on  all  warrants  which  he  shall 
have  returned,  during  the  preceding  fiscal  year,  to  the  city  clerk.  The 
city  clerk  shall  publish  or  post  the  same,  as  hereinbefore  required  to  be 
done  in  regard  to  the  annual  report  of  the  treasurer. 

1.  See  ^ 108,  ante. 

113.  Not  to  detain  money  — penalty.]  § 15.  The  collector  is, 
hereby,  expressly  prohibited  from  keeping  the  moneys  of  the  city  in 
his  hands,  or  in  the  hands  of  any  person  or  corporation,  to  his  use,  be- 
yond the  time  which  may  be  prescribed  for  the  payment  of  the  same 
to  the  treasurer,  and  any  violation  of  this  provision  will  subject  him  to 
immediate  removal  from  office. 

1.  See  note  to  ^ 107,  ante. 

114.  Examination  of  his  books  — paying  over.]  § 16.  All  the 

city  collector’s  papers,  books,  warrants  and  vouchers  may  be  examined 
at  anv  time  by  the  mayor  or  clerk,  or  any  member  of  the  city  council ; 
and  the  collector  shall  every  two  weeks,  or  oftener  if  the  city  council 
so  direct,  pay  over  all  money  collected  by  him  from  any  person  or 
persons,  or  associations,  to  the  treasurer,  taking  his  receipt  therefor  in 
duplicate,  one  of  which  receipts  he  shall,  at  once,  file  in  the  office  of 
the  clerk. 


City  Comptroller. 

1 15.  His  powers  and  duties.]  § 17.  The  city  comptroller  (if  there 
shall  be  any  city  comjitroller  appointed,  if  not,  then  the  clerk)  shall 
exercise  a general  supervision  over  all  the  officers  of  the  corporation 
'charged  in  any  manner  with  the  receipt,  collection  or  disbursement 
of  corporation  revenues,  and  the  collection  and  return  of  all  such 
revenues,  in  to  the  treasury.  He  shall  have  tlie  charge,  custody 
and  control  of  all  deeds,  leases,  warrants,  vouchers,  books  and  papers 
of  any  kind,  the  custody  and  control  of  which  is  not  herein  given 
to  any  other  officers;  and  he  shall,  on  or  before  the  fifteenth  day  of 


Of  Finance. 


% 

Miiy,  in  each  year,  and  before  the  annual  ap])ropriations  to  be  made 
by  the  city  council  or  the  board  of  trustees,  suljinit  to  the  city  council 
or  board  of  trustees  a report  of  his  estimates,  as  nearly  as  may  be,  of 
moneys  necessary  to  defray  the  expenses  of  the  corporation  during  the 
current  fiscal  year.  He  shall,  in  said  report,  class  the  different  objects 
and  branches  of  expenditures,  giving,  as  nearly  as  may  he,  the  amount 
recpiired  for  each  ; and  for  the  purpose  of  making  such  a I’cport,  he  is 
authorized  to  recpiire  of  all  olHcers  their  statement  of  the  condition  and 
expenses  of  their  respective  offices  or  departments,  with  any  proposed 
improvements  and  the  probable  expense  tliereof,  all  contracts  made  and 
unfinished,  and  the  amount  of  any  and  all  unexpended  approj)riations 
of  the  preceding  year.  He  shall,  in  such  report,  show  the  aggregate 
income  of  the  preceding  fiscal  year,  from  all  sources,  the  amount  of 
liabilities  outstanding  upon  which  interest  is  to  be  paid,  the  bonds  and 
debts  payable  during  the  year,  when  due  and  when  payable;  and  in 
such  report  lie  shall  give  such  other  information  to  the  council  or  board 
of  trustees  as  he  may  deem  necessary,  to  the  end  that  the  city  council 
or  board  of  trustees  may  fully  understand  the  money  exigencies  and 
demands  upon  the  corporation  for  the  current  year. 

116.  Council  may  define  the  duties  — transfer  of  clerk’s  finan- 
cial duties.]  § 18.  When  there  shall  be  appointed  in  any  city  a comp- 
troller, the  city  council  may,  by  ordinance  or  resolution,  confer  upon 
him  such  powers,  and  provide  for  the  performance  of  such  duties  by 
him,  as  the  city  council  shall  deem  necessary  and  proper;  and  all  the 
provisions  of  this  act  relating  to  the  duties  of  city  clerk,  or  the  powers 
of  city  clerk  in  connection  with  the  finances,  the  treasurer  and  collector, 
or  the  receipt  and  disliursements  of  the  moneys  of  such  city,  shall  be 
exercised  and  performed  by  such  compti-oller,  if  one  there  shall  be 
appointed;  and  to  that  end  and  purpose,  wherever  in  this  act  hereto- 
fore the  word  “ clerk  ” is  used,  it  shall  be  held  to  mean  comptroller”  ; 
and  wherever  the  “ clerk’s  office  ” is  referred  to,  it  shall  be  held  to  mean 
“ comptroller's  office”. 

1 17.  Record  of  bonds  issued  by  city.]  § 19.  The  comptroller, 
when  there  shall  be  a comptroller,  and  if  not,  then  the  clerk,  shall  keep 
in  his  office,  in  a book  or  books  kept  expressly  for  that  purpose,  a cor- 
rect list  of  all  the  outstanding  bonds  of  the  city,  showing  the  number 
and  amount  of  each,  for  and  to  wliom  the  said  bonds  are  issued  ; and 
when  any  city  bonds  are  ])urchased,  or  paid,  or  cancelled,  said  book  or 
books  shall  show  the  fact ; and,  in  his  annual  report,  he  shall  describe, 
particularly,  the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with 
each  and  every  item  of  expense  thereof. 


General  Provisions. 

1 18.  Further  duties  may  be  required.]  § 20.  The  collector  and 
treasurer,  and  all  other  officers  connected  with  the  receipt  and  expendi- 
ture of  money,  shall  perfortn  such  other  duties,  and  be  subject  to  such 
other  ndes  and  regulations  as  the  city  council  or  board  of  trustees  may, 
from  time  to  time,  by  ordinance,  provide  and  establish. 

1 19.  Appeal  to  finance  committee.]  § 21.  In  the  adjustment  of 
the  accounts  of  the  collector  or  treasurer  with  the  clerk  (or  comptroller 


Of  Finance. 


91 


if  there  shall  be  one),  there  sliall  be  an  appeal  to  the  finance  committee 
of  the  council  or  board  of  trustees,  whose  decision  in  all  matters  of  con- 
troversy arising  between  said  officers  shall  be  binding,  unless  the  city 
council  or  board  of  trustees  shall  otherwise  direct  and  provide. 

120.  Who  may  appoint  subordinates.]  '§  22.  The  comptroller  (if 
there  shall  be  one),  the  clerk,  treasurer  and  collector,  shall,  severally, 
appoint  such  various  clerks  and  subordinates  in  their  respective  offices 
as  the  city  council  or  board  of  trustees  may  authorize,  and  shall  be  held, 
severally,  responsible  for  the  fidelity  of  all  persons  so  appointed  by 
them. 

121.  Foreign  insurance  companies  — license  etc. — penalties.] 

§ 23.  All  corporations,  companies  or  associations  not  incorporated  un- 
der the  laws  of  this  state,  engaged  in  any  city  in  effecting  fire  insur- 
ance, shall  pay  to  the  treasurer  the  sum  of  $2  upon  the  $100  of  the  net 
receipts  by  their  agency  in  such  city,  and  at  that  rate  upon  the  amount 
of  all  premiums  which  during  the  half  year  ending  on  every  first  day 
of  July  and  January,  shall  have  been  received  for  any  insurance 
effected  or  agreed  to  be  effected  in  the  city  or  village,  by  or  with  such 
corporations,  companies  or  associations,  respectively.  Eveiy  person 
who  shall  act  in  any  city  or  village  as  agent,  or  otherwise,  for  or  on 
behalf  of  any  such  corporation,  company  or  association,  shall,  on  or 
before  the  fifteenth  day  of  July  and  January,  in  each  year,  render  to 
the  comptroller  (if  any  there  be,  if  not,  to  the  clerk),  a full,  true  and 
just  account,  verified  by  his  oath,  of  all  premiums  which,  during  the 
half  year  ending  on  every  first  day  of  July  and  January  preceding 
such  report,  shall  have  been  received  by  him.  or  any  other  person  for 
him,  in  behalf  of  any  such  corporation,  company  or  association,  and 
shall  specify  in  said  account  the  amounts  received  for  tire  insurance. 
Such  agents  shall  also  pay  over  to  the  treasurer,  at  the  time  of  render- 
ing the  aforesaid  account,  the  amount  of  rates  for  which  the  company 
or  companies  represented  by  them  are  severally  chargeable  by  virtue 
hereof.  If  such  account  be  not  rendered  on  or  before  the  day  herein- 
before designated  for  that  ]:>urpose,  or  if  the  said  rates  shall  remain 
unpaid  after  that  day,  it  shall  be  unlawful  for  any  corporation,  com- 
pany or  association  so  in  default  to  transact  any  business  of  insurance 
in  any  such  city  or  village,  until  the  said  requisitions  shall  have  been 
fully  complied  with;  but,  this  provision  shall  not  relieve  any  companv 
from  the  payment  of  any  risk  that  may  be  taken  in  violation  hereof. 
Any  person  or  persons  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  indictment,  and  upon  conviction  thereof,  in  any 
court  of* competent  jurisdiction,  shall  be  lined  in  any  sum  not  exceed- 
ing $1,000,  or  imprisoned  not  exceeding  six  months,  or  both,  in  the 
discretion  of  the  court.  Said  rates  may  also  he  recovered  of  such  cor- 
poration, company  or  association,  or  its  agent,  by  action  in  the  name 
and  for  the  use  of  any  such  city  or  village,  as  for  money  had  and  re- 
ceived for  its  use  : Provided,  that  this  section  shall  only  apply  to  such 

cities  and  villages  as  have  an  organized  lire  department,  or  maintain 
some  organization  for  the  prevention  of  fires. 


Of  'I’liF  Assfssmfn'i’  and  Cou.K(rri(jN  of  ^IAxes. 


Airi’ICLK  VIII. 

Of  TIIF  AsSKSSMFN'r  and  CoMiKCTION  OF  ^J’axes. 


Skction. 

122.  OrdiiiJiiice — hn-yin^  tax — limitation. 
12:}.  'I'axes,  how  assossed  and  collected. 

124.  Rat«i  of  taxation. 

125.  Manmn- of  colh?cting'. 

12<).  'I’ime  of  paying  over. 

127.  Proportion  of  tax  collectible 


Sk(;tion. 

128.  Drawback  — amount  city  etc.  may 

receive. 

129.  When  tax  levied  for  particular  pur- 

pose. 

180.  Uniformity. 


122.  Ordinance — levying  tax — limitation.]  Sec.  1.  The  city  coun- 
cil in  cities,  and  boards  of  trustees  in  villages,  may  levy  and  collect 
ta.xes  for  cor[)orate  ])urposes  in  the  manner  following:  Tlie  city  coun- 

cil, or  boards  of  trustees,  as  the  case  may  lie,  shall  annually,  on  or  be- 
fore the  third  (3d)  Tuesday  in  September,  in  each  year,  ascertain  the 
total  amount  of  a])propriations  for  all  corporate  purposes  legally  made 
and  to  be  collected  fi’om  the  tax  levy  of  that  fiscal  year  ; and,  by  an 
ordimnice,  specifying  in  detail  the  purposes  for  which  such  appropria- 
tions ai’e  made,  and  the  sum  or  amount  appropriated  for  each  purpose, 
respectively,  levy  the  amount  so  ascertained  upon  all  the  property  sub- 
ject to  taxation  within  the  city  or  village,  as  the  same  is  assessed  and 
equalized  for  state  and  county  purposes  for  the  current  j^ear.  A certi- 
fied copy  of  such  oi'dinance  shall  be  filed  with  the  county  clerk  of  the 
pi’oper  county,  whose  dutv  it  shall  be  to  ascertain  the  rate  per  cent, 
which,  upon  the  total  valuation  of  all  property  subject  to  taxation 
•within  the  city  or  village,  as  the  same  is  assessed  and  equalized  for 
state  and  county  pui’poses,  will  produce  a net  amount  not  less  than  the 
amount  so  directed  to  be  levied  ; and  it  shall  be  the  duty  of  the  county 
clerk  to  extend  such  tax  in  a separate  column  upon  the  book  oi’  books 
of  the  collector  or  collectors  of  state  and  county  taxes,  within  such  city 
or  village,  and  where  the  corporate  limits  of  any  city  or  village  shall  lie 
partly  in  two  or  more  counties,  the  city  council  or  board  of  trustees 
shall  ascertain  the  total  amount  of  all  taxable  property  lying  within 
the  corporate  limits  of  said  city  or  village  in  each  county,  as  the  same  is 
assessed  and  equalized  for  state  and  county  ]iurposes  for  the  current 
year,  and  certify  the  amount  of  taxable  property  in  each  county  within 
said  city  or  village,  under  the  seal  of  said  city  or  village,  to  the  county 
clerk  of  the  county  where  the  seat  of  government  of  such  citv  or  village 
is  situate,  whose  duty  it  shall  be  to  ascertain  the  rate  per  cent,  which 
upon  total  valuation  of  all  property  subject  to  taxation  within  the  city 
or  village,  ascertained  as  aforesaid,  will  pi’oduce  a net  amount  not  less 
than  the  amount  so  directed  to  be  levied,  and  said  clerk  shall,  as  soon 
as  said  rate  per  cent,  of  taxation  is  ascertained,  certif}’,  under  his  hand 
and  seal  of  office,  to  the  county  clerk  of  any  other  county  wherein  a 
portion  of  said  city  or  village  is  situate,  such  late  j^er  cent.;  atid  it  shall 
be  the  duty  of  such  county  clerk  to  whom  such  rate  per  cent,  is  certified 
to  extend  such  tax,  in  a separate  column,  upon  the  book  or  books  of 
the  collector  or  collectors  of  tlie  state  and  county  taxes  for  such  county 
against  all  property  in  his  county  within  the  limits  of  said  city  or  vil- 


Of  the  Assessment  and  Coij.ection  of  Taxes. 


93 


. lage ; ])rovi(Ied  llie  aggregate  amount  of  taxes  levied  for  any  one  year 
exclusive  of  the  amount  levied  for  the  ])ayment  of  bonded  indebtedness 
or  interest  thereon,  shall  not  exceed  the  rate  of  two  (2)  per  centum 
upon  the  aggregate  valuation  of  all  property  within  such  city  or  village, 
subject  to  taxation  therein,  as  the  same  was  equalized  for  state  and 
county  taxes  for  the  preceding  year-  [As  amended  June  18,  1891. 
L.,  1891,  p.  83. 

1.  See  § 4 of  this  article,  infra;  as  to  a levy  for  a particular  purpose. 

2.  See  Additional  Laws — Revenue,  § 122. 

3.  See  art.  7,  § 2,  ante;  as  to  the  appropriation  ordinance. 

4.  There  is  no  limitation  on  the  legislative  ]>ower  to  invest  cities  and  villages  with 
authority  to  tax  for  corporate  purposes,  except  that  such  taxes  imposed  shall  be  uni- 
form as  to  persons  and  propei'ty  within  the  corporate  limits.  A statute,  giving  the 
power  to  levy  such  taxes,  which  in  terms,  neither  requires  nor  dispenses  with  such 

* '■•'^^f^nity  is  not  invalid.  It  is  enough  that  the  ordinance  passed  under  it  conforms 
t(^HI^|P^,^tutional  requirement;  Braun  v.  Chicago,  110  111.,  190. 

0.  Taxes,  dhder  the  constitution,  must  be  uniform  in  respect  to  persons  and  prop- 
erty within  the  jurisdiction  imposing  them  (see  § 5 of  this  article);  Updike  r.  Wright, 
81  111.,  49. 

6.  The  charter  of  Chicago,  in  force  in  1863,  required  the  object  of  the  tax  imposed 
to  be  specified;  it  was  held  that  an  ordinance  imposing  a tax  of  one  mill  for  “ perma- 
nent improvements”  w^as  sufficiently  specific;  Clayton  v.  Chicago,  44  111.,  280. 

7.  A “ corporate  purpose  ” is  a purpose  necessary  or  proper  to  carry  into  effect  the 
object  of  the  creation  of  the  corporate  body;  People  i\  Trust  etc.,  78  111.,  136. 

8.  To  provide  a site  for  a state  institution  is  not  such  a corporate  purpose  as  would 
authorize  the  imposition  of  an  onerous  tax  on  a municipality  to  pay  the  expense; 
Livingston  Co.  v.  Weider,  64  111.,  427. 

9.  It  is  not  necessary  to  publish  the  ordinance  levying  the  city  taxes  — but,  only 
the  ordinances  making  appropriations  of  money.  The  ordinance  for  the  levy  of  the 
necessary  taxes  pre-supposes  antecedent  appropriations  and  merely  makes  a levy  to 
raise  money  to  pay  the  appropriations  already  made.  The  total  amount  of  appro})ria- 
tions,  lawfully  made,  is  required  to  be  ascertained  prior  to  the  passage  of  the  ordi- 
nance. The  ordinance  takes  effect  from  its  passage  — without  publication  or  post- 
ing; Mix  V.  People,  106  111.,  428. 

10.  In  proceeding  to  levy  taxes,  on  the  assessment  for  state  and  county  purposes,  it 
is  necessary  that  the  amounts  levied  or  to  be  raised  shall  be  certified  to  the  county 
clerk,  in  order  that  the  taxes  for  the  city  may  be  extended  and  collected  in  the  man- 
ner prescribed  by  the  general  revenue  law  of  the  state.  When  this  is  done  it  shows, 
conclusively,  the  election  of  th.e  city  authorities  to  proceed,  in  the  assessment,  ex- 
tending and  collection  of  these  taxes  in  conformity  with  this  article  and  section  122 
of  the  revenue  law  (see  Additional  Laws  — Revenue);  Mix  v.  People,  106  111.,  428. 

11.  The  legislature  has  no  ])ower  to  exempt  a city  from  the  payment  of  state  taxes; 
People  V.  Lippiucott,  65  111.,  548;  People  v.  Barger,  62  111.,  452. 

12.  Property,  in  its  broadest  and  most  comprehensive  sense,  includes  all  rights  and 
interests  in  real  and  personal  pi-operty,  and,  also,  in  easements,  franchises  and  incor- 
poreal hereditaments;  Metrop.  C.  Ry.  Co.  v.  C.  W.  Div.  Ry.  Co.,  87  111.,  317. 

13.  “Property”,  embraces  money,  debts  and  choses  in  action  of  every  kind,  as 
well  as  things  that  are  visible  and  tangible;  Stahl  v.  Webster,  11  111.,  511. 

14.  “Personal  property  ”,  includes  notes  and  money,  as  well  as  goods  and  chattels; 
Brownell  v.  Dixon,  37  111.,  197. 

15.  A power  to  assess  and  collect  a tax  on  all  personal  estate  includes  the  power 
to  tax  money  loaned;  Trustees  etc.  r.  M’Connell,  12  111.,  138.  Such  power  extends 
to  money  loaned  in  this  state,  owned  by  non  residents;  if  controlled  or  used  by  a 
resident  agent,  though  such  agent’s  domicile  may  be  in  some  other  state;  Board  etc. 
i?.  Davenport,  40  ill.,  197. 

16.  Under  a city  charter  granting  power  to  collect  taxes  for  city  purposes  on  all 
property,  real  and  personal,  within  its  limits,  the  personal  pro]>erty  of  non  residents 
— the  actual  situs  of  which  is  within  the  territorial  jurisdiction  of  the  city  — is  sub- 
ject to  taxation  for  corporate  purposes  of  said  city;  Dunleith  d.  Reynolds,  53  111.,  45. 

17.  All  fixed  and  permanent  buildings  and  improvements  upon  land  are  a part  of 
that  land.  Authority  to  levy  and  collect  taxes  on  all  real  estate  within  a town  ren- 
ders it  necessary  to  estimate  the  whole  value  of  the  lot  and  buildings  in  assessing 
the  value  of  a town  lot;  Fitch  v.  Pinckard,  4 Scam.,  69. 


!)4 


Of  thk  Assessment  and  Collection  of  'J'axes. 


18.  Wli(‘rc  taxes  are  levied  to  pay  interest  on  corporate  bonds,  it  is  no  valid  objec- 
tion, to  such  tax,  that  the  interest  is  not  yet  dm;,  especially  when,  if  the  levy  were 
deferred  to  the  following  year,  they  could  not  be  collected  in  time  to  meet  the  inter- 
<;st  when  due;  Decker  v.  Hughes,  08  111.,  33. 

An  tict  in  regard  to  tlie  assessment  and  collection  of  municipal 

taxes.  [Approved  May  23,  1877.  In  force  July  1,  1877.  L.  1877, 

p.  61. 

123.  Taxes,  how  assessed  and  collected.]  Sec.  1.  All  cities, 
villages,  and  incorporated  towns,  in  this  state,  whether  organized  under 
the  general  law  or  special  cliarters,  shall  assess  and  collect  their  taxes 
in  the  manner  provided  for  in  article  eight  (8)  of  the  act  entitled  ‘‘  An 
act  to  provide  foi’  the  incorporation  of  cities  and  villages”,  approved 
April  10,  1872,  and  in  tlie  manner  provided  for  in  the  general  revenue 
laws  of  this  state;  and  all  acts,  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act,  are  herehy  repealed. 

An  act  in  relation  to  the  rate  of  taxation  in  cities,  villages  and  in- 
corporated towns.  [Approved  and  in  force  May  30,  1881.  L.  1881, 

p.  60. 

124.  Rate  of  taxation.]  Sec.  1.  All  cities,  villages  and  incorpo- 
rated towns  in  this  state  not  now  having,  hy  their  respective  charters, 
the  power  to  levy  and  collect  as  high  a rate  of  taxation  as  is  herein 
authorized  and  provided  for,  shall  hereafter  have  power  to  assess,  levy 
and  collect  annually  upon  the  taxable  property  within  their  respective 
limits,  for  all  corporate  purposes,  in  addition  to  all  taxes  which  any 
such  city,  town  or  village  may  now  or  hereafter  be  authorized  by  law 
to  levy  and  collect  to  support  and  maintain  schools,  erect  school  build- 
ings and  for  all  other  school  purposes,  and  to  pay  interest  on  its  regis- 
tered bonded  indebtedness,  such  an  amount  as  their  respective  corpo- 
rate authorities  may  prescribe,  not  exceeding  in  any  year  the  rate  of 
one  per  cent,  of  the  assessed  valuation  of  such  taxable  property  as  equal- 
ized by  the  state  board  of  equalization  for  the  preceding  year.  And 
the  said  rate,  authorized  by  this  act,  shall  be  in  lieu  of  all  rates  and 
items  of  taxation  now  provided  and  authorized  in  such  charters  for  all 
purposes  other  than  for  schools,  the  erection  of  school  buildings,  and 
all  other  school  purposes,  and  for  paying  interest  on  the  registered 
bonded  indebtedness  of  such  city,  town  or  village. 

125.  Manner  of  collecting.]  § 2.  The  tax  so  assessed  shall  be  col- 
lected and  enforced  in  the  same  manner  and  by  the  same  officers  as 
state  and  county  taxes,  and  shall  be  paid  over  by  the  officers  collecting 
the  same  to  the  treasurer  of  the  city  or  village. 

1.  The  legislature  is  empowered  to  select  the  agents  who  shall  impose  and  collect 
a tax,  for  corporate  purposes,  when  such  tax  has  been  voluntarily  levied  by  the  cor- 
porate authorities  or  the  citizens;  Decker  t.  Hughes,  68  111.,  33. 

126.  Time  of  paying  over.]  §3.  It  shall  be  the  duty  of  the  officer 
collecting  such  tax  to  settle  with  and  pay  over  to  such  treasurer,  as 
often  as  once  in  two  weeks  from  the  time  he  shall  commence  the  col- 
lection thereof,  all  such  taxes  as  he  shall  then  have  collected,  till  the 
whole  tax  collected  shall  be  paid  over. 

1.  See  Additional  Laws — Revenue,  §§  138,  164-7,  243-4. 


Of  the  Assessment  and  Collection  of  Taxes. 


95 

. An  act  to  prohibit  any  city,  town  or  village  in  the  state  from  re- 
ceiving from  the  county  treasurer  a greater  proportion  of  the  sur- 
plus fund  or  tax,  than  shall  be  received  by  any  other  city,  town  or 
village  within  the-same  county.  [Approved  May  4,  1877.  In  force 
July  1,  1877.  L.  1877,  p.  55. 

127.  Proportion  of  tax.J  Sec.  1.  No  city,  town  or  village  within 
any  county  in  this  state,  shall  be  entitled  to  or  shall  receive  from  the 
county  treasury  of  such  comity  any  greater  proportion  of  surplus  of  all 
taxes  which  may  be  collected  for  county  purposes,  than  any  other  city, 
town  or  village  within  the  county. 

128.  Drawback  — amount  city  etc.  may  receive.]  § 2.  Nor  shall 
any  such  city,  town  or  village  be  entitled  to  or  I'eceive  from  the  county 
treasury  any  greater  drawback  of  its  proportion  of  the  taxes  paid  in  to 
the  county  treasury,  by  reason  of  any  appropriation  by  the  county 
board,  out  of  the  county  treasury  for  the  making  and  repairing  o^ 
roads  and  higiiways,  the  building  and  repairing  of  bridges  in  such 
county,  without  any  such  city,  town  or  village  within  such  county,  than 
is  now  allowed  by  law  to  all  other  cities,  towns  or  villages  within  the 
same  county.  Any  acts,  or  parts  of  acts,  conflicting  with  this  act,  are 
hereby  repealed. 

129.  When  tax  levied  for  particular  purpose.]  § 4.  Whenever 
any  city  or  village  is  required  to  levy  a tax  for  the  payment  of  any 
particular  debt,  appropriation  or  liability  of  the  same,  the  tax  for  such 
purpose  shall  be  included  in  the  total  amount  assessed  by  the  city 
council  or  board  of  trustees,  and  certified  to  the  county  clerk  as  afore- 
said ; but,  the  city  council  or  board  of  trustees  shall  determine,  in  the 
ordinance  making  such  assessment,  what  proportion  of  such  total 
amount  shall  be  applicable  to  the  payment  of  such  particular  debt, 
appropriation  or  liability ; and  the  city  or  village  treasurer  shall  set 
apart  such  proportion  of  the  tax  collected  and  paid  to  him  for  the  pay- 
ment of  such  particular  debt,  appropriation  or  liability,  and  shall  not 
disburse  the  same  for  any  other  pm-pose  until  such  debt,  appropriation 
or  liability  shall  have  been  discharged. 

130.  Uniformity.]  § 5.  All  taxes,  levied  or  assessed  by  any  city  or 
village,  except  special  assessments  for  local  improvements,  shall  be  uni- 
form upon  all  taxable  property  and  persons  within  the  limits  of  the  city, 
and  no  property  shall  be  exempt  therefrom  other  than  such  property 
as  may  be  exempt  from  taxation  under  the  constitution  and  general 
laws  of  the  state. 

1.  The  principles  of  equality  and  uniformity  are  indispensable  to  all  legal  taxation; 
St.  John  E.  St.  L..  50  111.,  92;  C.  & W.  Ry.  Co.  v.  Boone  Co.,  44  111.,  240;  Bureau 
('o.  V.  C.,  B.  & Q.  RR.  Co.,  44  111.,  229;  Chicago  v.  Baer,  41  111.,  306;  Ottawa  v.  Spencer, 
40  111.,  211;  People  i\  Bradley,  39  111.,  130;  Chicago  v.  Lamed,  34  111.,  203. 

2.  To  secure  uniformity  two  things  are  essential;  (1)  the  assessment  must  be  just 
*and  equal,  in  proportion  to  the  value  of  the  property  liable  to  assessment;  (2)  when 

thus  assessed  the  rate  shall  be  uniform  to  every  person  and  on  every  species  of  pro- 
perty returned  by  the  assessor;  Sherlock  v.  Winnetka,  68  111.,  530. 

3.  Under  the  constitutional  provision  (art.  9,  § 9),  requiring  that  taxes  shall  be 
uniform,  the  proportion  the  assessment  bears  to  the  actual  value  must  be  uniform  on 
every  species  of  property,  whether  owned  by  natural  persons  or  corporations;  C.  & 
A.  RR.  Co.  V.  Livingston  Co.,  68  111.,  458. 


% 


81’ecial  Assessments  for  Local  Lmj'kovements. 


4.  An  omission  from  taxation  of  any  spc(nes  of  real  or  p(!rsonaI  property  in  a city 
which  is,  in  t(0-ins  or  by  implication,  authorized  by  a statute,  so  as  to  destroy  the 
uniformity  in  resp<;ct  to  [)ersons  and  jjroperty  vvithhi  the  jurisdiction  of  the  city  is 
void.  A negl(!ct,  however,  of  the  assessors  to  list  any  particular  property  will  not 
vitiat(!  the  ass(^ssin(mt;  but  will  remhu’  the  ollicer  amenable  to  the  law,  for  miscon- 
duct in  otiice;  Dunham  i\  Chicago,  55  111.,  357. 

5.  A charter  authorizing  a tax  to  be  levied  in  a particular  district  in  a city,  is  in 
violation  of  the  constitution;  l^rimm  v.  Belleville,  59  111.,  142. 


ARTICLE  IX. 

Special  Assessments  for  Local  Improvements. 


Section. 

131.  Powers  conferred. 

182.  Ordinance  for  improvement. 

188.  Wlien  ])roperty  isAaken  or  damaged. 
134.  Petition. 

185.  Form  of  petition. 

18().  Summons  — ])ublication  — notice. 

187.  Hearing  — jury. 

188.  Jury  to  ascertain  compensation  — 

admitting  new  parties. 

189.  Viewing  premises  — ownership  etc. 

140.  Judgment  — new  parties  — further 

proceedings. 

141.  Powers  of  court. 

142.  Ownership — further  powers  of  court. 

148.  Persons  under  disability. 

144.  J udgment  — effect  — appeal. 

145.  Order  for  possession. 

146.  When  improvement  made  by  general 

tax. 

147.  Special  taxation  — assessment. 

148.  Special  assessment,  how  made. 

149.  Ordinance  for  — sidewalks  — owners’ 

rights. 

150.  Estimate  of  cost. 

151.  Order  for  proceeding  in  court. 

152.  Petition  to  court. 

158.  Appointment  of  commissioners  — 
oath. 

154.  Duty  of  commissioners. 

155.  Section  re]>ealed. 

156.  Assessment  roll  — return. 

157.  Notice  — by  mail,  posting  and  publi- 

cation. 

158.  Proof  of  notice. 

159.  rontinuance,  when  notice  is  not  in 

time. 

160.  Objections  — judgment  by  default. 

161.  Hearing  — jury. 

162.  Precedence. 

163.  Court  may  modify  etc.  the  assess- 

ment. 

164.  Judgment  several  — appeal  — lien. 

165.  Judgment  certiOed  to  city  clerk  — 

filing  — warrant. 


Section. 

166.  Form  of  warrant. 

167.  Collector’s  notice  — form  of. 

168.  Maniuin-  of  collecting  — entry  of  pay- 

ment. 

169.  Report  of  delinquent  list  to  county 

collector  — evidence  — defense. 

170.  Application  for  judgment  — what 

law  governs. 

171.  Return  of  sales — redemption. 

172.  Penalty  when  lands  are  sold  for  tax 

etc . 

178.  Paying  over  — compensation  of  col- 
lector. 

174.  General  revenue  laws  apply. 

175.  City  or  village  may  buy  at  tax  sale. 

176.  When  assessment  set  aside  — new 

assessment. 

177.  Supplemental  assessments. 

178.  New  assessment  against  delinquents. 

179.  Contracts  payable  from  assessments. 

180.  Contracts,  how  let  — approval. 

181.  Lien  of  special  asse.ssment. 

182.  Collection  by  suit. 

183.  Supplemental  petition  to  assess  bene- 

fits in  condemnation  proceeding. 

184.  Adoption  of  this  article. 

185.  Special  assessment  divisible  into  in- 

stalments. 

186.  May  be  paid  before  maturity. 

187.  Ordinan  e — when  by  instalment. 

188.  Assessment  roll  — what  to  contain. 

189.  Notice  — what  to  contain. 

190.  Order  of  confirmation. 

191.  Warrant  for  collection. 

192.  Procedure  for  judgment. 

198.  Payment  for  improvement  done. 

194.  Acceptance  of  voucher  — effect. 

195.  Surplus  collected  — refunded. 

196.  Special  assessment  — advances. 

197.  When  collected  by  instalment. 

197a.  Assessments  divisible  into  instal- 
ments. 

197b.  Bonds  issuable  — when. 

197c.  Definition  clause. 

197d.  Assessment  payable  in  bond. 


Special  Assessments  for  Local  Improvements. 


97 


131.  Powers  conferred.]  Sec.  1.  Tliat  the  corporate  authorities  of 
cities  and  villages  are  liereby  vested  with  power  to  make  local  improvx‘- 
ment  by  special  assessment,  or  by  special  taxation,  or  l)oth,  of  con- 
tiguous property,  or  general  taxation,  or  otherwise,  as  they  shall  by 
ordinance  prescribe. 

1.  The  language  of  this  section  is  substantially  that  of  the  constitution  (art.  9,  § 9).  It 
is  not  regarded  as  more  broad  either  in  effect  or  meaning;  Falch  v.  People,  99  111.,  137. 

2.  This  is  a valid  (mactment  — not  unconstitutional;  White  r.  People,  94  111.,  604. 

3.  The  object  of  sections  1 and  17  is  to  provide  two  modes  for  making  local  im- 
provements in  cities  and  villages  — by  special  assessment  and  by  special  taxation  of 
contiguous  property  — to  be  determined  by  ordinance;  Enos  v.  Springfield,  113  111.,  70. 

4.  Special  taxation,  as  spoken  of  in  the  constitution,  is  based  on  the  supposed 
benefit  to  the  contiguous  property.  It  differs  from  a special  assessment,  only,  in  the 
mode  of  ascertaining  the  benefits.  In  special  taxation  the  imposition  of  the  tax  is. 
per  se,  a determination  that  the  benefits  to  contiguous  property  will  be  as  great  as 
the  burden  imposed-  while  in  the  case  of  special  assessments  the  property  to  be 
benefited  must  be  ascertained,  by  careful  investigation,  and  the  burden  must  be  dis- 
tributed according  to  a carefully  ascertained  proportion  in  which  each  part  thereof 
will  be  beneficially  affected;  Craw  r.  Tolono,  96  111  , 255. 

5.  A local  improvement  in  city  or  village  may  be  by  special  taxation  on  contiguous 
property;  Enos  x.  Springfield,  113  111.,  70. 

6.  The  power  of  special  taxation  of  contiguous  property,  for  local  improvements 
oy  a city,  is  given  unqualifiedly  and  independently  of  an  equivalent  benefit  to  the 
property  taxed;  Calesburg  v.  Searles,  114  111.,  218. 

7.  Notwithstanding  the  apparent  limitation  on  the  power  of  corporate  authorities 
to  make  local  improvements  by  special  assessment  or  by  special  Taxation  of  contiguous 
property,  only,  in  this  section,  the  whole  article  is  broad  enough  to  authorize  the 
levy  of  special  assessments  on  property  specially  benefited,  without  regard  to  its 
contiguity;  Guild  v.  Chicago,  82  111.,  472. 

8.  The  constitution  (art.  9,  ^ 9)  gives  the  general  assembly  express  authority  to  invest 
the  corporate  authorities  of  cities,  towns  and  villages  with  power  to  make  local  im- 
])rovements  by  special  assessments,  or  by  special  taxation  of  contiguous  property, 
or  otherwise;  People?)  Sherman,  83  111.,  165. 

9.  A special  assessment  is  different  from  a tax;  Gage  v.  Waterman,  121  111., 
116. 

10.  The  popular  understanding  of  the  word  “ assessment  ” is  to  be  observed  in  read- 
ing this  statute.  That  understanding  refers  it,  specifically  to  those  charges  made  on 
real  property,  to  defray  the  expense  of  local  improvements,  in  proportion  to  the 
benefit  received;  Stephaui  r.  Cath.  \sh.,  2 App.,  249. 

11.  An  assessment  on  property  specially  benefited  by  an  improvement  proposed  is 
not  a personal  charge,  but  is  only  against  the  property;  the  public  is  not  assessed; 
Owners  etc.  x.  Peo])le,  113  111.,  304. 

12.  A special  assessment  is  a charge  imposed  on  real  estate  for  a special  ])urpose — 
not  for  a general  or  public  object.  It  is  not  a charge  on  an  estate  which  reduces  its 
value;  Peoria  x.  Kidder,  26  111.,  357;  Trustees  x.  Chicago,  12  111.,  403. 

13.  Assessments  for  improvements  are  not  a charge  on  an  estate  in  reduction  of  its 
value;  they  are  distinguishable  from  taxes.  An  exemption  from  taxation  is  not  an 
exemption  of  the  exempt  property  from  assessment  for  local  improvements  — on 
streets  or  alleys --adjacent  thereto;  Can.  Trust,  x,  Chicago,  12  111.,  403;  Ottawa  v. 
Trustees  etc..  20  111.,  423;  Scammon  v.  Chicago,  42  111.,  192. 

14.  Local  improvements  in  municipalities  may  be  made  from  the  general  fund,  by 
special  taxation  or  by  special  assessment;  People  x.  Hyde  Park,  117  111.,  464. 

15.  Municipalities  may  provide  to  raise  the  cost  of  a local  improvement  by  general 
and  special  taxation  — each  one-half;  or  by  special  taxation  on  property  benefited,  the 
balance  by  general  taxation.  Sterling  x.  Galt,  117  111.,  15. 

16  Courts  liiave  no  power  to  interfere  with  the  exercise  of  the  discretion  vested  to 
determine  the  manner  of  making  a local  improvement;  Fagan  x.  Chicago,  84  111., 
227. 

17.  Local  improvements  may  be  made  wholly  or  in  part  by  special  assessment  — as 
the  corporate  authorities  may,  by  ordinance,  prescribe;  People  o.  Sherman,  83  111.. 
165. 


13 


Special  Assessments  for  Local  Improvements. 


i)8 


18.  Soctions  1 and  2 of  this  statute  vest  tlio  sole  and  conclusive  power  in  city 
councils.  I)y  ordinance,  to  determine  the  public’s  slnirc;  of  cost  of  local  improvement* 
Watson  /).  (’)iica^ro,  115  111.,  79. 

19.  9'h(!  ^rj-ant  of  power  herein  mu.st  be  strictly  pursued  when  called  into  exercise. 
There  is  no  i)owor  to  accomplish  the  same  purpose  by  a general  tax;  Webster  v 
People,  98  111.,  845. 

20.  The  constitutional  limitation  on  the  exercise  of  the  j)ower  of  eminent  domain 
has  no  application  to  special  taxation  of  contiguous  property  for  the  construction  of 
some  improveimmt  by  cities  and  villages;  People  ».  Stuart,  97  111.,  123;  White  •«. 
i’(^ople.  94  111.,  G04. 

21.  The  common  council  of  Chicago,  has  no  authority  to  levy  tax  or  assessment 
for  the  collection  of  money  to  pay  for  improvements  voluntarily  and  previously  made 
without  the  order  of  council;  Pease  v.  Chicago,  21  111.,  50G. 

22.  To  construct  a street  sewer,  the  cost  payal>le  half  by  general  tax  and  half  by 
special  tax,  to  be  levied  on  contiguous  property  in  proportion  to  benefits,  is  to  pro- 
ceed by  special  taxation  — not  by  special  assessment;  Galesburg  c.  Searles,  114  111., 
218. 

132.  Ordinance  for  improvement.  J §2.  When  any  sucli  city  or 
village  shall,  by  ordinance,  provide  for  the  making  of  any  local  ini- 
proveinent,  it  shall,  by  the  same  ordinance,  prescribe  whether  the  same 
shall  be  made  by  sjiecial  assessment  or  by  special  taxation  of  contiguons 
property,  or  general  taxation,  or  both. 

1.  See  notes  to  § 19  of  this  article,  ^ 149,  post. 

2.  Improvement  by  special  taxation;  the  co.st  may  be  by  general  and  special  taxa- 
tion— each  one-half;  or  by  taxation  on  contiguous  projjerty  to  the  extent  benefited, 
the  balance  to  be  paid  by  general  taxation;  Sterling  v.  Galt,  117  III.,  15. 

3.  Ordinance  for  construction  of  a street  sewer,  the  cost  payable  half  by  general 
tax  and  half  by  special  tax,  to  be  levied  on  contiguous  property  in  proportion  to 
benefits;  this  is  a proceeding  by  special  taxation  — not  by  special  assessment;  Gales- 
burg f.  Searles,  114  111.,  218. 

4.  Improvement  by  special  taxation;  the  authorities  may  cast  the  entire  cost  on 
contiguous  property  to  be  benefited;  Sterling  Galt,  117  III.,  15. 

5.  Ordinance  for  a local  improvement  by  special  taxation,  in  whole  or  part,  mu.st 
state  or  give  the  data  by  which  the  sum  to  be  raised  can  be  fixed;  when  the  snin  is 
so  fixed  it  is  conclusive  on  the  property  owner;  Sterling  v.  Galt,  117  111.,  15. 

G.  The  mode,  manner  and  extent  of  the  improvements  to  be  made  are  to  be  pre- 
scribed by  the  common  council.  An  ordinance  delegating  the  power  of  determining 
to  a board  of  public  works,  is  void;  Walker  ■y.  Chicago,  62  111.,  286;  Workman  v. 
Chicago,  61  ill.,  463;  Bryan  v.  Chicago,  60  111.,  507;  Wright  v.  Cliicago,  60  111.,  312; 
^I’Donnell  y.  Chicago,  60  111..  350;  Moore  v.  Chicago,  60  111.,  243;  Andrews  y.  Chi- 
cago, 57  111.,  239;  L.  S.  & M.  S.  RR.  Co.  y.  Chicago,  56  Hh,  454;  Jeuks  y.  Chicago, 
56  111.,  397;  Bowen  y.  Chicago,  56  111.,  354;  Foss  y.  Chicago,  56  111.,  354. 

7.  Special  taxation  adopted  to  improve;  the  costs  may  be  assessed  on  abutting  lots 
in  proportion  to  the  frontage  on  streets;  Enos  y.  Springfield,  113  111.,  71, 

8.  Ordinance  to  improve  street  or  sidewalk  by  special  taxation  on  abutting  real 
estate,  in  ])roportiom  to  frontage  of  lots,  is  valid;  Springfield  v.  Green,  120  111.,  272; 
Wilbur  y.  Springfield,  123  111,,  397. 

9.  Ordinance  requiring  lot  owners  to  pay  for  improving  “street  or  streets  ” by 
which  their  lots  are  bounded  is  not  so  oppressive  and  unjust  to  owners  of  corner  lots 
as  to  be  void;  Springfield  y.  Green,  120  111,,  272. 

10.  To  assess  the  cost  of  a street  improvement  on  lots  abutting  on  the  same  does 
not  authorize  the  extension  of  the  assessment  of  such  a lot  upon  an  adjoining  lot  of 
the  same  owner  which  is  not  bounded  by  the  street;  Springfield  y.  Green,  120  111., 
272;  Wilbur  y.  Springfield,  123  111.,  397. 

11.  Ordinance  to  improve  certain  streets  by  special  taxation  according  to  street 
f mntage  of  lots  applies  only  to  lots  or  parts  of  lots  bounded  by  the  street  lines  — not 
to  inside  lots  not  abutting  on  the  streets;  Wilbur  y.  Springfield,  123  III.,  397. 

12.  An  ordinance  is  not  invalid  for  the  reason  that  it  requires  contiguous  property 
only  to  be  assessed;  Lake  y.  Decatur,  91  111.,  596. 

13.  Ordinance  void  as  to  the  paving  of  alleys  does  not  render  it  void  as  to  the  levy 
of  special  tax  to  improve  streets  named  therein;  \Vilbur  y.  Springfield,  123  111.,  397. 


Special  Assessments  for  Local  Improvements. 


91) 


133-  When  property  is  taken  etc.]  § 3.  Slioiild  said  ordinance 
])rovide  for  improvements  which  require  tlie  takini^  or  damaging  of 
property,  the  proceeding  for  making  just  compensation  therefor  shall 
be  as  follows : 

1.  This  and  the  following  section  (4)  provide  — by  condemnation  — the  only  mode 
of  ac(}uiring  real  estate  by  villages  for  bnildings  for  drainage  purposes;  Hyde  Park 
r.  Spencer,  118  111.,  449. 

2.  Condemnation  of  private  property  for  public  use,  by  a munici])al  corporation, 
can  only  be  had  for  purposes  specifically  named  in  the  law  and  within  the  proper 
scope  and  meaning  of  the  delegated  authority;  E.  St.  L.  v.  St.  John,  47  111.,  463. 

3.  An  ordinance  for  paving  and  curbing  by  special  taxation  is  not  required  to  be 
j)ublished;  Enos  v.  Springfield,  113  111.,  73. 

4.  Ordinance  to  improve  street  or  sidewalk  by  special  taxation  on  abutting  real  es- 
tate, in  proportion  to  frontage  of  lots,  is  valid;  Springfield  v.  Green,  120  111.,  272; 
Wilbur  V.  Springfield,  123  111.,  397. 

0.  Ordinance  to  improve  certain  streets  by  special  taxation  according  to  street 
frontage  of  lots  applies  only  to  lots  or  parts  of  lots  bounded  by  the  street  lines  — not 
to  inside  lots  not  abutting  on  such  streets;  Wilbur  'v.  Springfield,  123  111.,  397. 

6.  To  assess  the  cost  of  a street  improvement  on  lots  abutting  on  the  same  does  not 
authorize  the  extension  of  the  assessment  of  such  a lot  upon  an  adjoining  lot  of  the 
same  owner  which  is  not  bounded  by  the  street;  Springfield  r.  Green,  120  111.,  272. 

134.  Petition.]  § 4.  Whenever  any  shicli  ordinance  shal  be  passed, 
by  the  leirislative  authority  of  any  such  city  or  village,  for  the  making 
of  any  improvement  mentioned  in  the  first  section  of  this  act,  or  any 
other  local  improvement  that  such  city  or  village  is  authorized  to  make, 
tlie  making  of  which  will  require  that  private  property  be  taken  or 
damaged  for  public  use,  such  city  or  village  shall  file  a petition  in  some 
court  of  record  of  the  county  in  wliich  such  city  is  situated,  in  the 
name  of  the  city,  praying  that  ’‘the  just  compensation  to  be  made  for 
private  property  to  be  taken  or  damaged  for  the  improvement  or  pur- 
pose specified  in  such  ordinance  shall  be  ascertained  by  a jury”. 

1.  See  Constitutional  Provisions,  art.  2,  ^ 13,  and  notes,  ante  p.  1. 

2.  Without  an  enabling  ordinance  no  street  can  be  opened  nor  property  condemned; 
People  V.  Hyde  Park,  117  111.,  464. 

3.  City  passing  an  ordinance  and  taking  proceedings  to  condemn  for  a street,  and 
obtaining  license  to  sewer  can  not  assert  that  the  land  was  dedicated;  Chicago  v.  Hill, 
124  111.,  648. 

4.  The  word  “ property”  as  used  in  the  constitution,  in  respect  of  the  exercise  of 
the  power  of  eminent  domain,  signifies  that  dominion  or  indefinite  right  of  user  and 
disposition  which  one  may,  lawfully,  exercise  over  particular  things  or  objects  and, 
generally,  to  the  exclusion  of  all  others.  Beyond  doubt  this  is,  substantially,  the 
sense  in  which  the  word  is  used  in  the  constitution  (art.  2,  ^ 13,  ante),  as  to  the  taking 
or  damaging  of  private  property  for  the  public  use;  Biguey  v.  Chicago,  102  111.,  71. 

5.  The  constitution  of  1870  affords  redress,  in  the  words  “ or  damaged”,  in  cases 
not  provided  for  by  the  constitution  of  1848.  It  embraces  every  case  where  there  is 
a direct  physical  obstruction,  or  injury,  to  the  right  of  user  or  enjoyment  of  private 
property,  by  which  the  owner  sustains  some  special  pecuniary  damage  in  excess  of 
that  sustained  by  the  public  generally  which  — by  the  common  law  — would,,  in  the 
absence  of  any  constitutional  or  statutory  provision,  give  a right  of  action;  Rigney  v. 
Chicago,  102  111.,  71;  disapproving  expressions  in  Stetson  v.  Chi.  & E.  RR.  Co.,  75 
111.,  74,  and  Chi.,  M.  & St.  P.  RR.  Co.  v.  Hall,  90  111.,  42,  which  may  seem  to  restrict 
the  remedy  of  owners  of  private  property  — as  given  by  the  constitution  of  1870  — 
to  ca^es  where  there  is  a direct  physical  injury  to  the  property;  Rigney  v.  Chicago, 
102  111.,  71. 

135-  Form  of  petition.]  § 5.  Such  petition  shall  contain  a copy  of 
the  said  ordinance,  certified  by  the  clerk,  under  the  corporate  seal ; a 


]()0  Special  Assessments  fou  Local  Improvements. 

reasonal)ly  accui’atc'  (lesei’iption  of  tl.(3  lots,  parcels  of  land  and  proiiei’tv 
which  will  lx;  taken  oi-  damaged,  and  the  names  of  the  owners  and  oc- 
cupants thereof,  so  far  as  known  to  the  hoard  or  officer  tiling  the  peti- 
tion; and  wliere  any  known  owners  are  non  residents  of  the  state,  stat- 
ing the  fact  of  such  non  residence. 

136.  Summons  — publication  — notice.!  § 0.  Upon  the  filing  of 
the  petition  aforesaid,  a summons,  which  may  be  made  retni’nal)le  !ipon 
any  day  in  term  time,  shall  be  issued  and  served  upon  the  pei  sons  made 
parties  defendant,  as  in  cases  in  chancery.  And,  in  case  any  of  them 
are  unknown,  or  reside  out  of  this  state,  tlie  clerk  of  the  court,  uj;on 
an  affidavit  being  tiled  showing  such  fact,  shall  cause  publication  to  be 
made  in  some  newspaper  printed  in  his  county,  or,  if  there  be  no  news- 
paper published  in  his  county,  then  in  some  newspaper  ])ublished  in 
this  state,  containing  notice  of  the  pendency  of  such  proceeding,  the 
parties  thereto,  the  title  of  the  court,  and  the  time  and  place  of  the  re- 
turn of  the  summons  in  the  case,  and  the  nature  of  said  ])roceeding ; 
such  publication  to  be  made  for  four  weeks  consecutively,  at  least  once 
in  each  week,  the  first  of  which  shall  be  at  least  thirty  days  before  the 
return  day  of  such  summons.  Notices  so  given,  by  publication,  shall  be 
sufficient  to  authorize  the  court  to  hear  and  determine  the  suit,  as 
though  all  parties  had  been  sued  by  their  proper  names  and  had  been 
personally  served.  [As  amended  by  act  approved  and  in  force  March 
30,  18T4.  L.  1S73-4,  p.  63. 

137.  Hearing' — jury.]  § 7.  LTpon  the  return  of  said  summons,  or 
as  soon  thereafter  as  the  business  of  the  court  will  permit,  the  said 
court  shall  proceed  to  the  hearing  of  such  petition,  and  shall  impanel  a 
jury  to  ascertain  the  just  compensation  to  be  paid  to  all  of  such  owners 
and  occupants  aforesaid  ; but,  if  any  defendant  or  party  in  interest  shall 
demand,  or  the  court  shall  deem  it  proper,  separate  juries  may  be  im- 
paneled as  to  the  compensation  or  damages  to  be  paid  to  any  one  or 
more  of  such  defendants  or  parties  in  interest.  [As  amended  by  act 
approved  and  in  force  March  30,  1874.  L.  1873-4,  p.  63. 

1.  See  Constitutional  Provisions,  art.  3,  ^ 13,  and  notes:  see,  also,  Additional  Laws 
— Eminent  Domain. 

2.  ('ounty  court,  at  a probate  term,  bas  no  jurisdiction  of  a proceeding  to  assess 
the  cost  of  improving-  a street,  under  this  statute.  E.  St.  L.  v.  W'itticli,  108  111.,  450. 

3.  No  rule  of  practice  authorizes  a demurrer  to  objections  to  confirming  an  assess- 
ment for  special  taxation  for  a local  improvement.  If  filed  it  is  not  treated  as  ad- 
mitting the  truth  of  each  objection;  Enos  -w,  Siiringfield,  113  111.,  74. 

4.  Special  benefits  are  benefits  which  are  over  and  above  the  general  benefit,  to  the 
public  at  large;  Mittel  v.  Chicago,  9 App.,  534. 

5.  Local  improvement  to  be  made  by  special  taxation  of  contiguous  property;  own- 
ers have  no  right  to  a jurv  trial  on  the  question  of  benefits;  Springfield  v.  Green  120 
111.,  372. 

6.  Where  the  entire  cost  of  a local  public  improvement  is  cast  upon  contiguous 
property  it  is  conclusively  presumed  that  there  is  an  equality  of  benefit  and  burden; 
Sterling -D.  Galt,  117  111.,  15. 

7.  The  cost  of  making  an  assessment  for  special  taxation  may  properly  be  taxed  on 
abutting  lots;  Enos  w Springfield,  113  111.,  73. 

8.  A proceeding  by  special  taxation  is  not  affected  by  a statute  for  ascertaining 
benefits  in  special  assessment  proceedings;  Enos  v.  Springfield,  113  111.,  71 

9.  If  the  jurors  are  unfairly  selected,  by  the  clerk,  the  party  whose  land  is  to  be 
taken  may  properly  challenge  the  array;  Haslam  v.  Gal.  & S.  W.  RR.  Co.,  64  111.,  353. 


Special  AssesSxMENTs  for  Local  Improvements. 


101 


138.  J ury  to  ascertain  compensation  — admitting  new  parties.  ] 

§ 8.  SiK-li  jury  shall  also  ascertain  the  just  compensation  to  be  jiaid  to 
any  person  claiming  an  interest  in  any  lot,  parcel  of  land  or  property 
which  may  be  taken  or  damaged  by  such  improvement,  whether  or  not 
such  person’s  name,  or  sucli  lot,  parcel  of  land,  or  other  property, 
is  mentioned  or  di-scribed  in  such  petition:  Provided,  such  per- 

son shall  first  be  admitted  as  a party  defendant  to  said  suit  by  such 
court,  and  shall  file  a statement  of  his  interest  in  and  description  of  the 
lot,  parcel  of  land,  or  other  property  in  respect  to  which  he  claims 
compensation. 

1.  lu  case  of  improvement  by  special  taxation  a jury  lias  naught  to  do  with  the 
amount,  by  ordinance,  assessed  on  contiguous  property— herein  it  differs  from  special 
assessment;  Sterling  Galt,  117  111.,  15. 

2.  Ordinance  fora  local  improvement  fixing  the  amount  to  be  raised  by  special  tax- 
ation; commissioners  have  but  to  assess  property  specially  benefited  to  raise  that  sum 
according  to  the  scheme  adopted,  as  by  the  frontage  or  the  value  of  the  property; 
Sterling  n Galt,  117  111.,  15. 

3.  The  value  of  the  land,  at  the  time  of  condemnation,  is  to  be  considered  in  as- 
sessing damages;  Cook  v-  S.  P.  Comm.,  61  111  , 115. 

4.  The  true  test  of  value  is  the  market  value;  but,  reference  may  be  had  — not 
merely  to  the  uses  to  which  the  land  is  actually  applied  — to  its  capabilities;  thus,  a 
mine  or  a water  power,  though  not  yet  utilized,  may  be  considered,  if  it  adds  to  its 
value;  Haslam  r.  Gal-  & S.  W.  RH.  Co.,  64  IlL,  353. 

5.  Benefits  to  be  charged  must  arise  from  the  'improvement  for  which  the  land  is 
taken;  Webster  v.  Chicago,  61  111..  143. 

6.  Where  an  owner’s  property  is  condemned,  for  the  opening  of  an  alley,  running 
east  and  west  through  a block,  he  should  not  be  charged  for  benefits  he  might  de- 
rive from  widening  an  alley,  running  north  and  south,  through  the  same  block; 
Weckler  i).  Chicago,  61  111.,  142. 

7.  The  rule  as  to  compensation  for  land  taken  or  damaged  and  not  taken,  on  con- 
demnation for  a street,  under  the  general  incorporation  act  for  cities  etc.  is  the  same 
as  under  the  eminent  domain  law;  Harwood  v.  Bloomington,  124  111.,  49. 

8 Damages  to  private  property  by  reason  of  a street  improvement;  special  bene- 
fits to  the  abutting  owner  — over  the  benefit  to  the  general  public  — are  to  be  consid- 
ered; Geneva  v.  Peterson,  21  App.,  457. 

9.  The  compensation  — under  constitution  of  1870  — for  property  damaged,  as  well 
as  that  taken,  when  not  made  by  the  state,  must  be  ascertained  by  a jury;  Kine  v. 
Danforth,  64  111.,  291;  People  'g.  M’Roberts,  62  111.,  38. 

10.  See,  also,  Additional  Laws  — Eminent  Domain. 

139.  Viewing  premises  — ownership  etc.]  § 9.  The  court  may, 
upon  the  motion  of  such  city  or  village,  or  of  any  person  claiming  any 
such  compensation,  direct  that  said  jury  (under  the  charge  of  an  officer 
of  the  court)  shall  view  the  premises  which  it  is  claimed  by  any  party 
to  said  proceeding  will  be  taken  or  damaged  by  said  improvement  and, 
in  any  case,  where  there  is  no  satisfactory  evidence  given  to  the  jury 
as  to  the  ownership  of,  or  as  to  the  extent  of  the  interest  of  any  defen- 
dant in  the  property  to  be  taken  or  damaged,  the  jury  may  return  their 
verdict  as  to  the  compensation  or  damage  to  be  paid  for  the  property 
or  part  of  ])roperty  to  be  taken  or  damaged,  and  for  tlie  entire  inter- 
ests therein.  [As  amended  bv  act  approved  and  in  force  March  30, 
1S7L  L.  1874,  p.  64. 

1.  The  statute  giving  the  right  to  have  the  jury  go  on  the  land  sought  to  be  con- 
demned or  damaged,  and  examine  the  same,  is  imperative  and  fixes  no  time  when  it 
shall  be  allowed.  It  is  error  to  refuse  amotion  to  have  the  jury  view  the  premises. 


102  Special  Assessments  for  Local  ImprovemExNts. 


even  after  tliCM!vi(leiico  1ms  been  cl()S(*<l  ami  the  ar^^uiuents  heard;  Init,  Ixdore  instruc- 
tions Kaiik.  & S.  KK.  (’o.  r,.  Straiit,  102  HI.,  (507. 

2.  A j)arty  who  takes  a chancre  of  vfuuie  to  an  other  county,  cun  not  be  heard  to 
complain  of  loss  from  an  omission  of  the  jury  to  view  the  i^reiiiises;  Kockf.  etc.  RR. 
Co.  V.  Coppinger,  00  111.,  510. 

140.  Judgment  — new  parties  — further  proceedings.]  § 10* 

Upon  tlie  return  of  siicli  verdict,  tlie  court  shall  order  the  same  to  be 
recorded,  and  shall  enter  such  judgnient  or  decree  thereon  as  the  nature 
of  the  case  may  require.  The  court  shall  continue  or  adjourn  the  cause, 
from  time  to  time,  as  to  all  occupants  and  owners  named  in  sucli  peti- 
tion who  shall  not  have  been  served  with  process,  or  Ijroiiglit  in  Ijy 
publication,  and  shall  order  a new  summons  to  issue  and  new  ])ublica- 
tion  to  be  made ; and,  upon  such  occupants  or  owners  being  bromdit 
in  to  court,  shall  impanel  a jury  to  ascertain  the  coni|)ensatio'n  so  to  be 
paid  to  such  defendant  or  defendants,  for  private  property  taken  or 
damaged;  and,  like  proceeding  shall  be  had  for  such  purpose  as  herein- 
before provided  for  the  ascertaining  of  compensation  to  other  owners. 

1.  No  execution  issues  on  tlie  judgment;  Cook  r.  S.  P.  Comm.,  01  111..  115. 

2.  There  can  Ix'  no  lawful  entrance  upon  or  ])ossession  taken  of  land  for  public 
use  until  the  compensation  for  land  damaged  and  land  taken  is  paid;  People  v. 
M'Roberts,  02  111.,  38;  but,  see  Rockf.  etc.  RR.  Co.  v.  Coppinger,  00  111.,  510.  See  also 

144-5. 

3.  See  Additional  Laws  — Eminent  Domain,  § 5S3:  as  to  the  right  to  use  on 
bond  given.  See,  also,  ^ 145. 

141.  Powers  of  court.]  § 11.  The  court  shall  have  power,  at  any 
time,  upon  proof  that  any  such  owner  or  owners  named  in  such  peti- 
tion, who  has  not  been  served  with  process,  has  ceased  to  be  such 
owner  or  owners  since  the  filing  of  such  petition,  to  impanel  a jury  and 
ascertain  the  just  (compensation  to  be  made  for  the  property  (or  the 
damage  thereto)  which  had  been  owned  by  the  person  or  persons  so 
ceasing  to  own  the  same ; and  the  court  may,  upon  any  finding  or  find- 
ings of  any  jury  or  juries,  or  at  any  time  during  the  couiW  of  such 
proceedings,  enter  such  order,  rule,  judgment  or  decree  as  the  nature 
of  the  case  may  require. 

142.  Ownership  — further  powers  of  court.]  § 12.  No  delay  in 
making  an  assessment  of  compensation  shall  lie  occasioned  by  any  doubt 
or  contest  which  may  arise  as  to  the  ownersliip  of  the  property,  or  any 
part  thereof,  or  as  to  the  interests  of  the  respective  owners  or  claimants; 
but,  in  such  case  the  court  may  impanel  a jury  and  ascertain  the  entire 
compensation  or  damage  that  should  be  paid  for  the  property,  or  part 
of  yu'operty,  and  the  entire  interests  of  all  parties  therein,  and  may 
require  adverse  claimants  to  interplead  so  as  to  fully  .determine  their 
rights  and  interests  in  the  compensation  so  ascertained.  And,  the  court 
may  make  such  order  as  may  be  necessary  in  regard  to  the  deposit  or 
payment  of  such  compensation. 

143.  Persons  under  disability.]  § 13.  When  it  shall  appear,  from 
said  petition  or  othei’wise.  at  any  time  during  the  proceedings  ujion 
such  petition,  tliat  any  infant  or  insane  or  distracted  person  is  interested 
in  any  property  that  is  to  be  taken  or  damaged,  the  court  shall  appoint 
a guardian,  ad  litem,  for  such  infant  or  insane  or  distracted  person,  to 


Special  Assessments  for  Local  Improvements. 


]()3 


appear  and  defend  for  him,  her  or  them;  and  the  court  shall  make 
such  order  or  decree  as  it  shall  deem  proper  to  protect  and  secure  the 
interests  of  sucli  infant,  or  insane  or  distracted  person,  in  such  property, 
or  the  com[)ensation  which  shall  be  awarded  tlierefoi’. 

144.  Judgment  — effect  — appeal  etc.l  § Id.  Any  final  judgment 
or  judgments,  rendered  by  said  court,  upon  any  finding  or  findings  of 
any  jury  or  juries,  shall  be  a lawful  and  sufficient  condemnation  of  the 
land  or  propeity  to  be  taken  upon  the  ]jaynient  of  the  amount  of  siu^h 
finding,  as  hereinafter  provided.  It  shall  be  final  and  conclusive  as  to 
the  damages  caused  by  such  improvement,  unless  sucli  judgment  or 
judgments  shall  be  appealed  from ; but,  no  appeal  or  writ  of  error  upon 
the  same  shall  delay  proceedings  under  said  ordinance,  if  such  city  or 
village  shall  deposit,  as  directed  by  the  court,  the  amount  of  the  judg- 
ment and  costs,  and  shall  tile  a bond  in  the  court  in  which  such  judg- 
ment was  rendered,  in  a sum  to  be  fixed  and  with  security  to  be  ap- 
proved by  the  judge  of  said  court,  which  shall  secure  the  payment  of  any 
future  compensation  which  may  at  any  time  be  finally  awarded  to  such 
party  so  appealing  or  suing  out  such  writ  of  error,  and  his  or  her  costs. 

1.  A proceeding  to  condemn  real  estate  for  public  use  may  be  abandoned  at  any 
time  before  compensation  made  or  deposited  for  the  owner;  if  the  property  remains 
unmolested;  Chicago  v.  Barbian,  80  111.,  482. 

2.  If  property,  in  a condemnation  proceeding,  be  taken  or  damaged  by  the  owner’s 
consent,  before  compensation  is  made,  the  owner  will  have  a vested  right  in  the  com- 
pensation when  ascertained;  Chicago  -w,  Barbian,  80  III.,  482. 

8.  An  action  on  the  case  will  lie,  against  a city,  for  damages  arising  from  a breach 
of  the  duty  to  collect  an  assessment  levied  for  payment  of  the  damages  sustained  by 
reason  of  opening  a street;  Clayburgh  v.  Chicago,  25  111.,  535. 

145.  Order  for  possession.]  § 15.  The  court,  upon  proof  that  said 
just  com[)ensation  so  found  by  the  jury  has  been  paid  to  the  person 
entitled  thereto,  or  has  been  deposited  as  directed  by  the  court  (and 
bond  given,  in  case  of  any  appeal  or  writ  of  error),  shall  enter  an  order 
that  the  city  or  village  shall  have  the  right,  at  any  time  thereafter,  to 
take  possession  of  or  damage  the  property,  in  respect  to  which  such 
compensation  shall  have  been  so  paid  or  deposited,  as  aforesaid. 

1.  If  the  condition  of  the  order  be  not  complied  with  in  a reasonable  time,  by  the 
payment  of  damages  awarded  and  taking  possession  of  the  property,  the  proceeding 
will  be  regarded  as  abandoned;  Chicago  v.  Barbian,  80  III.,  482. 

146.  When  improvement  made  by  general  tax.]  § 16.  When 
the  ordinance,  under  wdiich  said  improvement  is  ordered  to  be  made, 
shall  ju’ovide  that  such  improvement  shall  be  made  by  general  taxation, 
the  cost  of  such  improvement  shall  be  added  to  the  general  appropria- 
tion bill  of  such  city  or  village,  and  shall  be  levied  and  collected  with 
and  as  a part  of  the  general  taxes  of  such  city  or  village. 

147.  Special  taxation— assessment.]  § 17.  when  said  ordi- 
nance, under  which  said  local . improvement  shall  be  ordered,  shall 
provide  that  such  improvement  shall  be  made  by  special  taxation  of 
contiguous  property,  the  same  shall  be  levied,  assessed  and  collected  in 
the  way  provided  in  the  sections  of  this  act  providing  for  the  mode  of 
making,  levying,  assessing  and  collecting  special  assessments. 


101 


Si’ECfAL  Assessments  for  Local  Improvements. 


1.  See  §§  18-51  of  this  articio,  14^*1-07. 

'Phis  section  is  not  to  receive  a literal  construction;  only  such  parts  of  the  statute 
as  to  sjM^cial  assessments  is  to  be  followed  as  is  consistent  with  special  taxation;  Enos 
Q).  Springfield,  113  111.,  71. 


Special  Assessment. 

148.  How  made.]  § 18.  Wlien  the  ordinance,  under  wliicli  said  local 
im pi’ovenient  is  ordered  to  be  made,  sliall  provide  that  such  improve- 
ment shall  be,  wholly  or  in  part,  made  by  special  assessment,  the  pro- 
ceedings for  the  making  such  special  assessment  shall  be  in  accordance 
with  the  sections  of  this  act  [article]  from  18  to  51,  inclusive. 

1.  The  words  “ special  assessment”,  as  used  in  the  constitution  (art.  9,  ^ 9),  mean 
an  assessment  on  property  specially  benefited,  without  regard  to' whether  it  is  or  is 
not  contiguous;  (jluild  v.  Chicago,  82  111.,  472. 

149.  Ordinance  for  — sidewalks — owners’ rights.]  § 19.  When- 
ever such  local  ini})rovements  are-  to  be  made  wholly  or  in  part  by 
special  assessment,  the  said  council  in  cities,  or  board  of  trustees  in 
villages,  shall  pass  an  ordinance  to  that  effect,  specifying  therein  the 
nature,  character,  locality  and  description  of  such  improvement:  Pro- 
vided, that  where  the  owners  of  a majority  of  the  property  in  any 
block  abutting  on  any  street,  alley,  park  or  public  place  shall  petition  the 
common  council  in  cities,  or  board  of  trustees  in  villages,  for  any  local 
improvements,  it  shall  be  the  duty  of  said  council  or  board  of  trustees 
to  pass  an  ordinance  for  said  improvement:  Provided,  that  whenever 
any  such  ordinance  shall  provide  only  f(u-  the  building  or  renewing  of 
any  sidewalk,  the  owner  of  any  lot  or  piece  of  land  fronting  on  such 
sidewalk,  shall  be  allowed  fifteen  days  after  the  time  at  which  such 
ordinance  shall  take  effect,  in  which  to  build  or  renew  such  sidewalk 
opposite  his  land,  and  thereby  relieve  the  same  from  assessment:  Pro- 
vided, that  the  work  so  to  be  done,  shall  in  all  respects  conform  to  the 
requirements  of  such  ordinance.  [As  amended  bv  act  approved  June 
1,  1889.  In  force  July  1,  1889.  L.  1889,  p.  87. 

1.  A valid  ordinance  is  essential  to  proceedings  to  improve  a city  street  by  special 
assessment;  Jacks.  Ky.  Co.  v,  Jacksonville,  114  111.,  563. 

2.  A city  or  village  may  make  special  assessments  for  a public  improvement  before 
the  compensation  to  be  paid  for  private  property  to  be  taken  or  damaged  is  ascertained; 
or  before  a right  of  way  is  acquired;  Hyde  Park  v.  Borden,  94  111.,  26. 

3.  Ordinance  requiring  lot  owners  to  pay  for  improving  “street  or  streets  ” by 
which  their  lots  are  bounded  is  not  so  oppressive  and  unjust  as  to  owners  of  corner 
lots  as  to  be  void;  Springfield  v.  Green,  120  111.,  272. 

4.  Ordinance  for  the  construction  of  a sewer  must  give  its  nature  and  character  so 
definitely  and  certainly  that  an  intelligent  estimate  of  its  cost  can  be  made;  Kanka- 
kee V.  Potter,  119  111.,  326. 

5.  Ordinance,  for  sewerage  system,  not  specifying  the  nature,  character,  locality 
and  description  of  man  holes  etc.  can  not  be  the  basis  of  a special  assessment  there- 
for; Ogden  ®.  Lake  View,  121  111.,  423. 

6.  Ordinance  for  construction  of  a sewer  by  special  assessment;  if  it  enables  a civil 
engineer  to  determine  the  location  of  man  holes,  is,  in  that  respect,  sufficient  — as  by 
the  expression  “necessary  man  holes”;  Springfield  v.  Mathus,  124  111.,  89. 

7.  City  may  provide  to  construct  a sewer  underneath  a street  and  to  improve  the 
street  as  one  improvement;  Murphy  v.  Peoria,  119  111.,  510. 

8.  Ordinance  to  construct  a sidewalk  on  both  sides  of  one  street  does  not  embrace 
two  separate  and  distinct  improvements;  Watson  v.  Chicago,  115  111.,  79. 


Special  Assessments  for  Local  Improvements. 


105 


0.  An  ordinance  for  a connected  system  of  water  works  for  an  entire  village  pro- 
vides  for  but  one  local  improvement.  It  is  not  invalid  as  embracing  separate  and 
distinct  improvements;  People  v.  Sliernian,  111.,  165. 

10.  Curbing  is  to  be  regarded  as  part  of  the  j)aveinent;  it  is  no  objection  that  an 
ordinance  includes  its  expense  on  improving  by  special  taxation;  Enos-y.  Springfield, 
lid  111.,  7-2. 

11.  Ordinance  for  paving  several  streets  and  alleys  and  parts  of  streets  with  the 
same  materials  and  in  the  same  way  is  not  objectionable  as  embracing  more  than  one 
improvement,  though  the  streets  differ  somewhat  in  width  and  costs  of  paving  rail- 
way track  is  excluded  on  some;  Springfield  y.  Green,  120  111.,  272. 

12.  Ordinance  void  as  to  the  paving  of  alleys  does  not  render  it  void  as  to  the  levy 
of  special  tax  to  improve  streets  named  therein;  Wilbur  v.  Springfield,  123  111.,  397. 

13.  Ordinance  for  the  improvement  of  a street  by  special  assessment — in  part  or 
wholly — must  specify  the  nature,  character,  locality  and  description  of  the  proposed 
improvement;  Jacks.  Ry.  Co.  y.  Jacksonville,  114  111.,  563. 

14.  An  ordinance  for  the  improvement  of  a street,  by  special  assessment,  which 
does  not  contain  a description  of  the  nature,  character  and  locality  of  the  proposed 
improvement  should  not  be  confirmed;  Levy  y.  Chicago,  113  111.,  652. 

15.  Ordinance  for  local  improvement  by  special  assessment  — in  whole  or  part  — 
is  fatally  bad  if  it  fails  to  describe  the  nature  and  character  of  the  proposed  improve- 
ment; Sterling  y.  (ialt,  117  111.,  15. 

16.  Ordinance  for  a local  public  improvement  by  special  assessment  is  required, 
only,  substantially  to  comply  with  the  statute;  it  is  not  required  to  set  forth  all  par- 
ticulars and  details  of  the  work;  Pearce  y.  Hyde  Park,  126  111.,  289;  Kankakee' y. 
Potter.  119  111.,  326. 

17.  Ordinance  may  specify  the  nature,  locality  and  description  of  a proposed  im- 
provement by  setting  them  forth  or  by  reference  to  plats  etc.  on  file  in  the  proper 
office,  or  both;  if  by  both,  one  cures  defects  of  the  other;  Pearce  y.  Hvde  Park,  126 
111. , 289. 

18.  An  ordinance  for  the  construction  of  a sewer  by  special  assessment  is  suffi- 
ciently certain  as  to  the  location  of  man  holes,  which  provides  for  “necessary  man 
holes  and  inlets  for  surface  drainage”  etc.;  Springfield  y.  Mathus,  124  111.,  89. 

19.  Ordinance  to  make  a local  improvement  need  not  state  the  proportion  of  cost  to 
be  l)orne  by  the  public  and  the  property  owners;  Sterling  y.  Galt,  117  111.,  15. 

20.  An  ordinance  for  the  improvement  of  a street  will  not  be  void  for  uncertainty 

— as  to  work  to  be  done  — if  the  words  used  — as  filling  — have  a settled  and  known 
meaning  in  the  city  among  contractors  and  engineers;  Levy  y.  Chicago.  113  111.,  652. 

21.  Ordinance  which  requires  a brick  pavement  to  be  laid  on  a foundation  of  “ sand, 
gravel  or  cinders  ” is  not  void  bv  uncertainty;  Jacks.  Ry.  Co.  y.  Jacksonville,  114  111., 
563. 

22.  Nor  because  it  requires  all  work  done  and  materials  used  to  be  subject  to  a city 
engineer's  approval,  in  accordance  with  plans  etc.  furnished  by  city  council;  Jacks. 
Ry.  Co.  y.  Jacksonville,  114  111.,  563. 

23.  City  may  provide  for  grading,  sodding  and  graveling  a street  and  to  construct 
a sewer  underneath  as  one  improvement;  Murphy  y.  Peoria,  119  111.,  510. 

24.  A city  may  cause  a street  to  Ije  graded  and  cause  a strip  in  the  center  to  be  sodded 

— instead  of  graveled  — and  provide  for  payment  by  special  assessment;  Murphy  y. 
Peoria,  119  111.,  510. 

25.  An  ordinance  requiring  a specified  sum  to  be  assessed  on  property  without  ref- 
erence to  whether  it  is  benefited  to  that  amount  and  without  requiring  it  to  be  levied 
on  the  principle  of  equality  of  benefit  and  burden  is  void;  Castle  y.  People,  62  111., 
287;  Greeley  y.  People,  60  111.,  19. 

26.  Ordinance  for  an  improvement  “excepting  such  portion  thereof  as  had  been 
already  made  in  a suitable  manner”,  and,  neither  the  ordinance  nor  any  of  the  pro- 
ceedings, in  any  way,  defining  what  portion  of  the  work  had  been  done  in  a suitable 
manper,  ordinance  void;  Andrews  y Chicago,  57  111.,  239. 

27.  Ordinance  to  condemn  land  for  a village  street,  by  special  assessment,  so  long 
as  it  is  in  force,  precludes  any  other  mode  of  payment;  debt  will  not  lie  on  the  judg- 
ment of  condemnation;  Hyde  Park  y.  Corwith,  122  111.,  445. 

150.  Estimate  of  cost.]  § ^0.  The  city  council  or  board  of  trustees 
shall  appoint  tliree  of  its  members,  or  any  other  three  competent  per- 
14 


106 


Special  Assessments  for  Local  Improvements. 


sons,  wlio  shall  make  an  esthnato  of  the  cost  of  t1ie  iinjiroveinent  contem- 
plated by  such  ordinance,  including  labor,  materials,  and  all  other  ex- 
penses attending  the  same,  and  the  cost  (d‘  making  and  levying  the 
assessment,  and  shall  report  the  same  in  writing  to  said  council  or  board 
of  trustees. 

1.  In  procoeding  to  construct  a sewer,  half  by  general  and  half  by  s])ecial  tax,  it  is 
no  ol)jectioM  that  the  conmiittee  to  estiniate  the  cost  is  apj)f)inted  before  the  mayor's 
approval  of  the  ordinance;  enough  that  tlie  ordinance  is  signed  before  petition  liled 
in  court  to  levy  the  special  tax,  (xalesburg  v.  Searles,  114  Ilh,  212. 

2.  A city  can  not  collect  an  assessment  for  work  it  never  performed  — where  in 
improving  a street  the  curbs  are' already  properly  set;  Daralthy  v.  Chicago,  53  111.,  79. 

3 A city  may  assess  and  collect  a special  assessment  although  the  estimate  for  the 
proposed  improvement  exceeds  its  actual  cost;  Bloomington  v.  Blodgett,  24  A[>p.,  (ioO. 

4.  I’orporate  authorities  may  levy  special  assessments  for  work  already  done,  in 
good  faith,  by  them,  or  under  their  direction,  it.  anticipation  of  such  assessment; 
Ricketts  v.  Hyde  Park,  85  111.  110. 

151.  Order  for  proceeding  in  court.]  § 21.  On  such  report  being 
made  and  approved  by  the  council  or  board  of  trustees,  as  the  case 
may  be,  it  iriay  order  a petition  to  be  filed,  by  such  officer  as  it  shall 
direct,  in  the  county  court  of  its  county,  for  proceedings  to  assess  the 
cost  of  such  improvement  in  the  manner  provided  in  this  act. 

1.  County  court  may,  on  petition,  appoint  commissioners  to  make  a special  assess- 
ment to  improve  a city  street,  at  a probate  term;  Murphy  v.  Peoria,  119  111.,  510. 

2.  Assessment  for  local  improvement;  the  amount  needed  is  to  be  ascertained  by 
commissioners  of  the  municipality,  county  court  then  appoints  commissioners  to  ap- 
portion the  gross  amount  between  lots  etc.,  and  to  determine  what  this  gross  amount 
shall  be;  Sterling  v.  Galt,  117  IlL,  15. 

152.  Petition  to  court.]  § 22.  The  petition  shall  be  in  tlie  name  of 
the  corporation,  and  shall  recite  the  ordinance  for  the  proposed  im- 
provement and  the  report  of  such  commission,  and  shall  pray  that  the 
cost  of  such  improvement  may  be  assessed  in  the  manner  presenbed  by 
law. 

1.  Petition  to  county  court  for  assessment  for  a local  public  improvement  not  con- 
taining the  recitals  of  the  ordinance  gives  no  authority  to  act;  Ogden  v Lake  View, 
121  111.,  423. 

2.  The  record  not  purporting  to  contain  the  whole  petition  for  confirmation  of 
judgment,  it  is  presumed  on  review  that  the  petition  contained  all  necessary  data  to 
show  strict  compliance  with  the  statute;  Pearce  v.  Hyde  Park,  126  III.,  289. 

153.  Appointment  of  commissioners  — oath.]  § 23.  Upon  the 
filing  of  such  petition  the  court  shall  appoint  three  competent  persons 
as  commissioners,  who  shall  take  and  subscribe  an  oath,  in  substance 
as  follows,  to-wit : 

State  op  1llino?s,  ) ^ 

County, 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of 

county,  to  assess  the  cost  of (here  state  in  general  terms  the  improvement), 

do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  we  will  a true  and  impartial 
assessment*  make  of  the  cost  of  said  improvement  upon  the  city  (or  village)  or 

and  the  property  benefited  by  such  improvement,  to  the  best  of  our 

ability  and  according  to  law. 

1.  This  statute  is  not  in  violation  of  section  9 of  article  9 of  the  constitution  be- 
cause it  authorizes  the  appointment  of  commissioners,  to  assess  benefits,  by  the 
county  court.  The  corporate  authorities  having  declared  that  a certain  improvement 
shall  be  made,  and  having  fixed  its  character  and  cost,  the  legislature  has  undoubted 


Special  Assessments  toil  Local  Improvkments.  ]()7 

authority  to  authorize  the  appointment  of  commissioiuirs  to  inaii^'-urate  proceedings; 
J^ake  V.  Decatur,  91  111.,  590. 

2.  That  a commissioner  to  levy  an  assessment  is  an  employe  of  an  agent  of  owners 
of  some  of  the  property  assessed  in  the  ag(mt’s  name  is  not  a disciualilication,  it  not 
being  claimed  that  the  assessment  is  not  fair,  just  and  impartial;  Pearce  v.  Hyde 
Park,  120  111.,  289. 

154.  Duty  of  commissioners.]  § 24.  It  shall  be  the  duty  of  such 
commissioners  to  examine  the  locality  wliere  the  improveinent  is  pro- 
posed to  be  made,  and  the  lots,  blocks,  tracts  and  parcels  of  land  that 
will  be  specially  benefited  thereby,  and  to  estimate  what  proportion  of 
the  total  cost  of  such  improvement  will  be  of  benefit  to  the  public  and 
what  proportion  thereof  will  be  of  benefit  to  the  property  to  be  bene- 
fited, and  apportion  the  same  between  the  city  or  village  and  such  pro- 
perty, so  that  each  shall  bear  its  relative  equitable  proportion;  and  hav- 
ing found  said  amounts  to  apportion  and  assess  the  amount  so  found  to 
be  of  benefit  to  the  property  upon  the  several  lots,  blocks,  tracts  and 
parcels  of  land  in  the  proportion  in  which  they  will  be  severally  bene- 
fited by  such  improvement ; Provided,  that  no  lot,  block,  tract  or  parcel 
of  land  shall  be  assessed  a greater  amount  than  it  will  be  actually  bene- 
fited ; And,  provided,  further,  that  it  shall  not  be  necessary  for  said 
commissioners  to  examine  the  locality  except  where  the  ordinance  pro- 
vides for  the  opening,  widening  or  improvement  of  streets  and  alleys. 
[As  amended  by  act  approved  and  in  force  March  30,  1874.  L.  1873-4, 
p.  64. 

1.  This  section  relates,  only,  to  the  duties  of  commissioners  appointed  under  sec- 
tion 23  (§  153);  it  is  not  a limitation  on  corporate  authorities,  in  respect  of  the  mode 
by  which  local  improvements  shall  be  made  — as  that  it  shall  be  wholly  by  special 
assessment;  Ricketts  y.  Hyde  Park,  85  111.,  110. 

2.  It  is,  clearly,  within  the  power  of  the  legislature  to  say  who  shall  ascertain  and 
determine  the  extent  of  the  special  benefits  and  assess  them;  Crawford  v.  People,  82 
111.,  557. 

3.  Special  assessment  for  the  improvement  of  a proposed  street  may  be  levied  by 
cities  and  villages  in  advance  of  the  condemnation  of  land  therefor;  Holmes  y.  Hyde 
Park,  121  111.,  128. 

4.  Where  special  assessments  are  not  made  in  proportion  to  the  ratio  of  benefits 
and  advantages  resulting  to  the  property  on  which  they  are  levied,  by  the  proposed 
improvement,  as  required  by  the  law  authorizing  the  same,  they  will  be  illegal  and 
void;  Bibel  y.  People,  07  111.,  172. 

5.  Equality  and  uniformity  of  burdens  and  benefits  in  special  assessments  for  pub- 
lic improvements  of  streets  in  cities  and  villages  is  not  essential;  Murphy  v.  People, 
120  111.,  236. 

6.  The  rule  of  uniformity  in  respect  to  taxes  is  not  strictly  applicable  to  special 
assessments  levied  on  contiguous  i)roperty  for  the  purpose  of  local  public  improve- 
ments. Semble;  they  should  be  made  on  the  principle  of  the  value  of  the  property 
assessed  in  proportion  to  the  benefits  thereto;  Hundley  y.  Comm’rs,  07  111.,  559. 

7.  In  making  special  assessment  for  local  improvemeut  the  commissioners  must  de- 
termine the  proportion  of  cost  to  be  borne  by  the  public  and  by  the  property  owners; 
Sterling  y.  Galt,  117  111.,  15. 

8.  A fair  construction  of  this  statute  (art.  9)  does  not  contemplate  the  exercise  of 
the  power  to  assess  benefits  on  the  property  of  the  state  or  national  government; 
Fagan  y.  Chicago,  84  111.,  227;  People  y.  U.  S.,  93  111.,  ;^0. 

9.  School  property  and  lands  held  in  trust  for  school  purposes  are  exempt  from 
special  assessments;  People  y.  Trustees,  118  111.,  53. 

10.  The  public  property  of  the  state,  counties  and  munici])al  corporations  is  liable 
to  assessment  for  public  taxes  or  special  assessment  for  public  improvements;  Hig- 
gins y.  Chicago,  18  111.,  281. 


lOS 


Si'Et'iAL  Assessments  for  Local  Jmfuovements. 


11.  (“State  of  a inuni(;i|)al  corporation  is  not  (;xempt(*(l  from  its  proper  share  of 
tin;  l)iir(len  of  constructing  [Uihlic.  iniproveni(mts;  Scainmon  «.  (’liicago,  42  IH.,  192. 

12.  'I'lie  general  language  of  tln^  statute-  authorizing  citi(;s  etc  to  make  improve- 
ments by  special  assessment,  includes  tluj  [)ro[)erty  of  connti(;.s,  cities  (;tc.,  as  well  as 
private  prop(*rty;  .M’Lean  Co.  v.  Bloomington,  iOb  111.,  2B1. 

12.  Kx(-‘mi)I ion  from  “all  taxation  of  every  kind”  exc(;{)t  as  i)rovid(id  by  charter 
does  not  (“X(‘inpt  from  special  a.s.sessment  for  local  improvement;  1.  C.  KB.  Co.  v.  De- 
catur, 12(1  111.,  94. 

14.  A clause  in  a charter  exempting  the  ])roperty  of  a corporation  from  special  as- 
sessimmts  for  local  im])rovements  is  void;  C'hicago  v.  Bapt.  Tlu;ol.  Cn.,  llo  111.,  249; 
Cniversity  r.  P(M>ple,  118  111.,  5GG. 

15.  Railroad  property,  if  specially  benefited,  is  in  no  wise  exempt  from  assessment 
for  park  or  boulevard  piirpos(!s;  C.  & X.  W . By.  Co.  y.  People,  120  111.,  105. 

1(1.  -V  street  railway  company,  occupying  a portion  of  a street  with  its  tracks  and 
in  the  use  thereof  has  a ])roperty  of  a character  to  be  substantially  benefited  by  the 
j)aving  of  such  street.  In  proportion  as  it  is  thus  benefited,  it  should  contribute  its 
share  to  the  cost  of  the  improvement,  in  common  with  the  other  property  on  the 
street;  Chicago  y.  Baer,  41  111.,  306. 

17.  ('hurch  ]n’operty  may  be  assessed  for  special  purposes,  nevertheless  its  exemp- 
tion from  ordinary  taxes;  Ottawa  v.  Trustees,  20  111.,  423. 

18.  Special  assessment  for  local  im])rovenient  can  in  no  case  exceed  the  benefits  to 
the  property  assessed;  the  owner  may  have  that  question  passed  on  by  a jury;  Ster- 
ling V.  Galt,  117  111.,  15. 

155.  Section  repealed.]  § 25.  Section  repealed  by  act  approved 
April  25,  1873.  In  force  duly  1,  1873.  L.  1873,  p.  65. 

156.  Assessment  roll  — return.]  § 26.  They  sliall,  also,  make,  or 
cause  to  be  made,  an  assessment  roll,  in  which  sliall  appear  the  names 
of  the  owners,  so  far  as  known,  a description  of  each  lot,  block,  tract, 
or  parcel  of  land,  and  the  amount  assessed  as  special  benefits  thereto, 
and,  in  whicli  they  shall  set  down,  as  against  the  city  or  village,  the 
amount  they  shall  liave  found  as  public  benefit,  and  certify  such  assess- 
ment roll  to  the  court  by  which  they  were  appointed,  at  least  ten  days 
before  the  first  day  of  the  term  at  which  a final  hearing  thereon  shall 
be  had.  [As  amended  by  act  approved  and  in  force  March  30,  187-1-. 
L.  1873-4:,  p.  64:. 

1.  Special  assessments,  in  municipalities  organized  under  this  statute,  in  respect 
of  the  mode  of  giving  notice,  or  making  demand  of  payment  thereof  and  the  time  at 
which  judgment  must  be  applied  for,  are  governed  by  the  provisions  of  this  statute 
relating  thereto.  The  provisions  of  the  revenue  act,  so  far  as  they  differ  from  the 
same  have  no  relation  to  such  cases.  The  provisions  of  the  two  statutes  are  incon- 
sistent, each  with  the  other;  they  can  not  be  construed  in  pari  materia,  but  each  ap- 
plies to  the  class  of  special  assessments  to  which  it  relates;  Potwin  v.  Johnson,  108 
111.,  73. 

2.  There  is  no  error  in  allowing  amendments  to  be  made  in  assessment  rolls  — as 
to  mere  clerical  errors  and  omissions  not  affecting  the  rights  or  interests  of  a party; 
Lehmer  y.  People,  80  111.,  601. 

157.  Notice  — by  mail,  posting  and  publication.]  § 27.  It  shall 
also  be  the  duty  of  such  commissioners  to  give  notice  of  such  assess- 
ment, and  of  the  term  of  court  at  which  a final  hearing  thereon  will  be 
had,  in  the  following  manner: 

Pirst  — They  shall  send  by  mail  to  each  owner  of  preiiiises  assessed, 
whose  name  and  place  of  residence  is  known  to  them,  a notice,  substao- 
tially  in  the  following  form  : 


Special  Assessments  for  Local  Improvements.  ]()|) 

Mr.  , Your  (here  give  a short  description  of  the  premises)  is  assessed 

$ , for  ])ublic  improvement  . The  assessment  roll  will  be  returned  to  the 

term  of  the  court  of  county. 

(Here  give  date.)  


CommiHsioners . 

Second  — They  shall  cause  at  least  ten  days’  notice  to  be  given  by 
posting  notices  in  at  least  four  public  places  in  such  city  or  village,  two 
of  which  shall  be  in  the  neighborhood  of  such  proposed  improvement; 
and,  when  a daily  newspaper  is  ])ublished  in  such  city  or  village,  by 
publishing  the  same  at  least  five  su(x*essive  days  in  such  daily  news- 
paper, or  if  no  daily  newspaper  is  published  in  such  city  or  village,  and 
a weekly  newspaper  is  published  therein,  then  at  least  once  in  each 
week,  for  two  successive  weeks,  in  such  weekly  newspaper,  or  if  no 
daily  or  weekly  newspaper  is  published  in  such  city  or  village,  then,  in 
a newspaper  published  in  the  county  in  which  such  city  or  village  is 
situated.  The  notice  may  be  substantially  as  follows  : 

SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given,  to  all  persons  interested,  that  the  city  council  (or  board  of 
trustees  as  the  case  may  be)  of  having  ordered  that  (here  insert  the 

description  and  nature  of  the  improvement),  have  applied  to  the  court  of 

county,  for  an  assessment  of  the  cost  of  said  improvements,  according 
to  benefits;  and  an  assessment  thereof  having  been  made  and  returned  to  said  court, 
the  final  hearing  thereon  will  be  had  at  the  term  of  said  court  commencing  on 

the  day  of  , A.  D.  18  , All  persons  desiring  may  then  and  there 

appear  and  make  their  defense. 

(Here  give  date.)  


Commmioners. 

[As  amended  by  act  approved  June  26,  1885.  In  force  July  1,  1885.  L.  1885, 

p.  62. 

1.  The  statute  requires  notice  to  be  sent  by  the  commissioners,  to  the  owners  of 
lands;  the  affidavit  required  (^  28),  showing  that  such  notice  was  sent,  need  not  be 
set  out  in  the  notice-,  Falch  v.  People,  8 App.,  351. 

2.  Notice  given  of  an  application  for  the  confirmation  of  a special  assessment  for 
opening  and  extending  a street  between  two  given  points;  there  is  no  authority  for 
making  an  assessment  for  opening  or  extending  the  street  beyond,  or  outside  of,  the 
points  named  in  the  notice;  Owen  v.  Chicago,  53  111.,  95. 

3.  A notice  to  parties  interested  in  property  assessed,  for  local  improvements,  which 
conforms  to  the  statute  of  incorporation  and  to  the  ordinance  under  it,  will  be  suffi- 
cient, although  it  is  general  — to  “ all  persons  interested  ” — to  attend  and  make  their 
objections  to  the  confirmation  of  the  assessment;  Ottawa  v.  Macy,  20  111.,  413. 

4.  The  “six  days”  publication  of  notice  must  be  exclusive  of  Sunday;  Jenks  v. 
Chicago,  48  HI.,  296;  Scammon  v.  Chicago,  40  111.,  146. 

5.  Presumed  — in  the  absence  of  evidence  — that  commissioners  making  special 
assessments  have  performed  their  duty  as  to  notice  to  property  owners;  Brown  -y. 
Chicago,  117  111.,  23. 

158.  Proof  of  notice.]  § 28.  On  or  before  the  final  liearing,  the 
affidavit  of  one  or  more  of  the  commissioners  shall  be  filed  in  said 
court,  stating  that  they  have  sent,  or  caused  to  be  sent,  by  mail,  to  the 
owners  whose  premises  have  been  assessed,  and  whose  name  and  place 
of  business  are  known  to  them,  the  notice  hereinbefore  required  to  be 


no 


Special  Assp:ssme\ts  foii  Local  Improvements. 


Kent  by  mail  to  owners  of  ])remises  assessed.  They  shall,  also,  cause  to 
he  liled  the  allidavit  of  the  person  who  shall  have  posted  the  notices 
re(|uired  by  this  act  to  be  posted,  setting  forth  when  and  in  what  man- 
ner the  same  were  ])osted.  Such  alKdavits  shall  be  received  as  pidma 
facie  evidence  of  a compliance  with  this  act  in  regard  to  giving  such 
notices.  They  shall  also  file  a certihcate  of  publication  of  said  notice 
ill  like  manner  as  is  required  in  other  cases  of  publication  of  notices. 
[As  amended  by  act  approved  April  25,  1873.  In  force  July  1,  1873. 
i^.  1873— 1,  p.  GO. 

1.  Notice  of  application  to  confirm  a special  assessment  must  show  mailing  to  each 
owner  known  by  name  and  residence  to  any  commissioner;  affidavit  of  mailing  to 
all  owners  known  to  one  will  not  support  judgment;  Murphy  v.  Peoria,  119  111.,  510. 

2.  In  making  assessments  for  improvements  where  the  statute  requires  notice  to  be 
sent  to  the  owners  of  lands  by  the  commissioners,  the  affidavit,  required  by  the 
statute,  showing  that  such  notice  was  sent,  need  not  show  the  notice;  Falch-w.  People, 
8 App,,  351. 

3.  The  date  of  the  first  and  last  papers,  containing  the  notice,  should  be  given  — 
or  some  thing  stated,  by  which  they  can  be  ascertained;  Brown  v.  Chicago,  62  111., 
289;  Smith  v.  Chicago,  57  111.,  497;  Kue  i\  Chicago,  57  111.,  435;  Griffin  Chicago, 
57  111.,  317;  Andrews  v.  Chicago,  57  111.,  239. 

4.  A certificate  of  publication  which  fails  to  state  the  date  of  the  last  paper  con- 
taining the  notice,  or  some  thing  equivalent  thereto,  is  fatally  defective;  Beygeh 
V.  Chicago,  65  111.,  189;  Brown  v.  Chicago,  62  111.,  106;  Hemingway  v.  Chicago,  62 
111.,  106;  Rice  v.  Chicago,  60  111.,  388;  Rich  v.  Chicago,  59  111.,  286;  Allen  v.  Chicago, 
57  111.,  564;  Butler  t\  Chicago,  56  III,  341. 

5.  The  certificate  of  the  publisher  of  a newspaper,  of  the  publication  of  a notice 
required,  by  law,  to  be  published,  after  he  has  ceased  to  be  publisher  is  not  admissi- 
ble as  evidence  of  the  publication.  After  he  ceases  to  be  the  publisher  he  can  verify 
the  fact  of  publication,  only,  by  his  testimony  as  a witness.  Semble,  it  is  competent 
to  produce  the  several  numbers  of  the  papers  containing  the  notice  and  prove,  by  any 
competent  person,  the  publication  thereof;  ISmith  v.  C.,  A.  & St.  L.  RR.  Co.,  67  III, 
191. 

6.  Appearance  and  objection  to  the  confirmation  of  a special  assessment  for  local 
improvement  by  an  owner  assessed  waives  any  and  all  objections  to  the  notice  of 
application;  Murphy  v.  Peoria,  119  111.,  510. 

7.  When  x^arties  interested  appear  and  contest  an  application  against  their  real 
estate,  for  special  assessment,  on  the  merits,  it  matters  not  whether  the  notice  of  the 
application  is  irregular,  or  whether  or  not  there  was  any  notice;  People  v.  Sherman, 
83  III,  165. 

159.  Continuance  when  notice  is  not  in  time.]  § 29.  If  ten  days 
shall  not  have  elapsed  between  the  first  publication  or  the  putting  up 
of  such  notices  and  the  first  day  of  the  next  term  of  such  court,  the 
hearing  shall  be  continued  until  the  next  term  of  court. 

1.  In  computing  time,  on  application  to  confirm  special  assessments,  the  first  day  of 
publication  is  excluded;  the  first  dav’  of  the  next  term  is  included;  Brown  v.  Chicago, 
117  III,  23. 

160.  Objections — judgment  by  default.]  § 30.  Any  person 
interested  in  any  real  estate  to  be  affected  by  such  assessment  may 
appear  and  file  objections  to  such  report,  and,  the  court  may  make  such 
order  in  regard  to  the  time  of  filing  such  objectioiis  as  may  be  made  in 
cases  at  law  in  regard  to  the  time  of  filing  pleas.  As  to  all  lots,  blocks, 
tracts  and  parcels  of  land  to  the  assessment  of  which  objections  are  not 
filed  within  the  time  ordered  by  the  court,  default  may  be  entered,  and 
the  assessment  confirmed  by  the  court. 


Special  Assessments  for  Local  Improvements. 


Ill 


1.  It  is  a settled  rule  that  summary  proceedings  — as  an  application  for  judgment 
against  lands  or  lots  of  ground  on  a special  assessment  roll  — by  which  a man’s 
]>roperty  may  be  taken  from  him  without  his  consent  and  where  there  is  no  personal 
process  of  service,  must  be  strictly  pursued  and  the  proceeding  must  show  this  on 
its  face.  Thus,  where  application  was  made  for  a judgment  against  lands,  on  unpaid 
assessments  for  the  grading,  paving  etc.  of  certain  streets  — in  the  city  of  Chicago  — 
it  was  objected  that  the  assessment  roll  did  not  show  damages,  as  well  as  benefits,  to 
tlu‘  ])roperty  owners  resulting  from  the  proposed  improvement.  The  objection  was 
held  to  be  fatal  to  the  application;  Chicago  v.  Wright,  32  111.,  192. 

2.  One  who  has  full  op|)ortunity  to  be  heard  on  every  question  of  fact  and  law, 
who  fails  to  show  any  defense  against  an  assessment  is  not  deprived  of  property 
without  due  process  of  law;  Owners  etc.,  v.  People,  118  111.,  314. 

3.  Where  ample  opportunity  is  afforded  to  make  objection  to  an  assessment,  if  a 
party  — having  notice  — lies  by  and  fails  to  make  his  objections,  he  must  be  held,  in 
equitv,  to  have  waived  all  irregularities;  Jenks  d.  Chicago,  48  111.,  29G;  Ottawa  v.  Chi. 
& K.  I.  HR.  Co.,  25  111.,  43. 

4.  Owners,  specially  assessed,  who  appear  and  file  objections  to  confirmation  waive 
any  and  all  defects  in  the  notice  of  application;  Murphy  v.  Peoria,  119  111.,  510. 

5.  Objection  that  an  assessment  was  not  made  in  conformity  with  the  statute,  or 
within  the  rule  prescribed,  should  be  made  at  the  first  opportunity;  Jenks  v.  Chicago, 
48  111.,  296. 

6.  An  objection  that  the  proposed  improvement  is  private  and  not  public,  must  be 
made  before  the  assessment  is  confirmed;  where  the  party  has  notice  of  the  applica- 
tion for  confirmation;  Lehmer  v.  People,  80  111.,  601. 

7.  Proof  of  an  ordinance  authorizing  a local  improvement  is  essential  to  the  con- 
firmation of  a special  assessment  therefor;  Lindsay  v.  Chicago,  115  111.,  121. 

8.  On  application  to  confirm  an  assessment,  it  was  proper  to  exclude  evidence  that 
no  notice  of  the  application  had  been  given,  as  required  by  charter,  no  such  objection 
having  been  filed;  Jerome  v.  Chicago,  62  111.,  285. 

i6i.  Hearing' — jury.J  § 31.  On  the  hearing,  the  report  of  the 
commissioners  stiall  be  competent  evidence,  and  either  party  may  intro- 
duce such  other  evidence  as  may  tend  to  establisli  the  right  of  the  mat- 
ter. The  hearing  shall  be  conducted  as  in  other  cases  at  law,  and  if  it 
shall  appear  that  the  premises  of  the  objector  are  assessed  more  or  less 
than  they  will  be  benefited,  or  more  or  less  than  their  proportionate 
share  of  the  cost  of  the  improvement,  the  jury  shall  so  find  and,  also, 
find  the  amount  for  which  such  premises  ought  to  be  assessed,  and 
judgment  shall  be  rendered  accordingly. 

1.  The  burden  of  proof  rests  on  a city  in  a proceeding  to  assovss  benefits,  from  the 
opening  of  a street,  to  show  that  the  assessment  is  right.  The  report  of  the  com- 
missioners, however,  is  prima  facie  evidence  of  this  fact.  The  burden  of  proof  — to 
show  its  incorrectness  — is  then  shifted  to  the  objectors,  who  must  show,  by  a pre- 
ponderance of  evidence,  that  one  or  more  of  the  lots  assessed  was  assessed  more  or 
less  than  its  proportionate  share  of  the  cost  of  the  improvement;  Fagan  v.  Chicago, 
84  111.,  227. 

2.  It  is  the  special  province  of  a jury  to  fix  a special  assessment  for  improving  a 
street;  Jacks.  Ry.  Co.  v.  Jacksonville,  fl4  111.,  568. 

2.  Compensation  must  be  ascertained  by  a jury,  under  the  constitution  of  1870,  for 
property  damaged  as  well  as  for  that  taken;  People  v.  M’Roberts,  62  111.,  38. 

4.  Local  improvement  to  be  made  by  special  assessment;  property  owners  assessed 
have  a right  to  a jury  trial  on  the  question  of  benefits;  Springfield  «.  Green,  129  III.,  272. 

5.  In  making  local  improvement  by  special  assessment  each  lot  owner  has  a right 
to  sho^v  an  over  assessment;  Sterling  v.  Galt,  117  111.,  15. 

6.  The  statute  does  not  contemplate  a separate  trial  as  to  each  objector;  but,  that 
all  objections  filed  to  the  commi.ssioners’  report  shall  be  tried  as  one  case,  by  the  same 
jury;  Fagan  v.  Chicago,  84  111.,  227. 

7.  On  application  for  judgment,  on  delinquent  assessments,  that  the  property  is 
exempt  or  not  benefited  or  the  ordinance  under  which  it  is  made  is  invalid  can  not 
be  urged;  C.  & N.  W.  RR.  Co.  v.  People,  120  111.,  105. 


112 


Special  Assessments  for  Local  Improvements. 


8.  On  api)licatioii  to  confirm  siH!ciaI  assessments  of  ))enefits,  the  issue  tf)  l>e  tried  by 
the  jury  is  wh(*llier  the  ol>jector  is  assessed  more  or  h*ss  than  his  j)iemis(;s  will  be 
IxmefiUal  or  more  or  h\ss  tluiu  his  proportionate  share  of  the  cost  of  tlm  impi'ovenu'nt. 
d’he  jury  is,  also,  to  find  the  amount  tin;  premises  should  be  assessed;  Watscm 
Chicago,  115  111.,  71);  Fagan  o.  C'hicago,  84  111.,  227. 

1).  On  the  trial  of  obj(^ctions  to  th(!  confirmation  of  special  assessments  for  extend- 
ing and  opening  a stre(>t  it  is  immaterial  what  pro])ortion  of  the  total  cost  will  benefit 
the  public;  Fagan  w.  (Hiicago,  84  111.,  227. 

10.  On  a])plication  to  confirm  an  assessment  of  benefits  from  the  construction  of  a 
sidewalk  tlie  iiujuiry  is  as  to  the  pro])ortionate  share  of  the  whole  amount  asses.sed 
against  ])roj)erty;  Watson  (’hicago,  115  111.,  71). 

11.  There  is  no  authority  to  confirm  an  assessment  if  the  ordinance  does  not  give 
a descri])tion  of  the  nature,  character  and  locality  of  the  improviunent;  Kankakee  v. 
Potter,  ill)  111.,  320;  with  certainty;  Hyde  Park  v.  S])encer,  118  111.,  441). 

12.  Judgment  confirming  an  assessment  for  street  improvement  or(h*r(‘d  under  an 
invalid  ordinance  is  unauthori/ed ; Jacks.  I\y.  Ck).  v.  Jacksonville, '114  111.,  503. 

13.  Property,  can  only,  l)e  assessed  for  public  improvements  on  the  juinciple  of 
benefits  received  by  the  property  from  the  Cv)nstruction  of  the  work.  The  asses  sment 
should  never  exceed  the  benefits  conferred.  It  is,  therefore,  essential  that  it  shall 
appear,  from  the  proceedings  themselves,  that  such  was  the  principle  on  which  the 
assessment  was  made;  Crawford  People,  82  III.,  557. 

162.  Precedence.  1 § 32.  ^The  lietiring  in  till  cases  arising  under 

this  act  may  be  Inid  at  either  a law  or  a ])robate  term  of  stiid  court,  and 
shall  have  precedence  over  all  other  cases  in  such  court,  except  criminal 
cases. 

163.  Court  may  modify  etc.  the  assessment.]  § 33.  The  court 
before  which  any  such  proceeding  may  be  pending,  shall  have  authority, 
at  any  time  before  final  adjournment  [judgment],  to  modify,  alter, 
change,  annul  or  confirm  any  assessment  returned,  as  aforesaid,  or  cause 
any  such  assessment  to  be  recast  by  the  same  commisssioners  whenever 
it  shall  be  necessary  for  the  attainment  of  justice,  or  may  appoint  other 
commissioners  in  the  place  of  all  or  any  of  the  commissioners  first  ap- 
pointed, for  the  purpose  of  making  such  assessment,  or  modifying, 
altering,  changing  or  recasting  the  same,  and  may  take  all  such  pro- 
ceedings and  make  all  such  orders  as  may  be  necessary  to  make  a true 
and  just  assessment  of  the  cost  of  such  improvement,  according  to  the 
principles  of  this  act,  and  may,  from  time  to  time,  as  may  be  necessary, 
continue  the  application  for  that  purpose  as  to  the  whole  or  any  part 
of  the  premises. 

1.  See  Additional  Laws  — Eminent  Domain,  post. 

2.  The  rule  as  to  the  comi)ensatioii  for  lauds  taken  or  damaged  for  public  use 
under  this  article  is  the  same  as  under  the  law  of  eminent  domain;  Harwood  v.  Bloom- 
ington, 124  111.,  49. 

3.  Amendments  may  he  made  on  assessment  rolls,  where  they  are  clerical  and  do 
not  affect  a party’s  rights  or  interests;  Lehmer  v.  People,  80  111.,  601. 

4.  Proceedings  to  confirm  a special  assessment  suspended  — by  order  of  a city  — 
for  two  years;  a bill  to  enjoin  collection  will  be  fatally  defective  if  it  fails  to  show 
that  complainant  had  no  notice  of  steps  after  one  year  for  the  prosecution  of  proceed- 
ings within  the  two  years;  Brown  d.  Chicago,  117  111.  23. 

164.  Judgment  several  — appeal  etc. — lien.]  §34.  Tlie  judgment 
of  the  court  shall  have  the  effect  of  a several  judgment  as  to  each  tract 
or  parcel  of  land  assessed,  and  any  appeal  from  such  judgment  or  writ  of 
error  shall  not  invalidate  or  delay  the  judgment,  except  as  to  the  pro- 


Special  Assessments  for  Local  Improvements. 


113 


perty  concerning  which  the  appeal  or  writ  of  error  is  taken.  Such  judg- 
ment shall  be  a lien  upon  the  property  assessed,  from  the  date  thereof 
until  payment  shall  be  made. 

1.  This  section  lias  no  bearing  whatever  in  a proceeding  by  special  taxation;  Enos 
V.  Springfield,  113  111.,  71. 

2.  A proceeding,  by  a city,  to  confirm  an  assessment  of  benefits  on  adjacent  pro- 
perty, is  but  one  indivisible  suit,  without  reference  to  the  number  of  the  defendants. 
The  trial  is  one  as  to  all  defendants,  and  only  one  judgment  and  execution  are  re- 
quired, although  the  j)roperty  is  to  be  sold  separately.  The  declaration  that  the 
judgment  shall  be  held  to  be  several  is  intended,  only,  to  control  the  mode  of  obtain- 
ing satisfaction,  so  that  each  lot  shall  be  required  to  pay  the  sum  assessed  thereon; 
People  V.  Gary,  105  111.,  334. 

3.  Judgment  confirming  special  assessments  is  conclusive  on  the  land  owner;  River- 
side Co.  V.  Howell,  113  111.,  264;  as  to  alt  objections  and  defenses  that  might  have 
been  interposed;  C.  & N.  W.  Ry.  Co.  i\  People,  120  111.,  105. 

4.  If  such  owners  were  in  court  on  proper  notice  or  by  voluntary  appearance; 
aliter  if  there  is  not  such  notice  and  no  appearance  and  contest;  Murphy  t\  People, 
120  111.,  236. 

5.  The  court,  having  jurisdiction  of  the  matter  and  the  person,  a bill  to  enjoin 
collection  will  not  raise  them;  Kedzie  v.  W.  Chi.  P.  Comm’rs,  114  111.,  284. 

6.  So  as  to  the  legality,  validity  or  regularity  of  any  prior  proceeding  on  application 
for  judgment  of  sale;  Murphy  y.  People,  120  111..  236. 

7.  Assessments  for  benefits,  for  local  improvements,  can  not  be  enforced  by  fines 
or  penalties  imposed  by  ordinance;  Gridley  v.  Bloomington,  88  111.,  554. 

8.  On  the  condemnation  of  land  to  a public  use  the  municipal  olficers  are  not  au- 
thorized to  accept  a deed  of  the  land  condemned.  Therefore,  the  acceptance  of  such 
a deed,  by  officers  of  a city,  is  not  evidence  of  a taking  of  possession,  such  as  will 
authorize  the  lot  owner  to  bring  suit  for  the  compensation  awarded;  Chicago  v. 
Shepard,  8 App.,  602. 

9.  The  confirmation  of  a special  assessment  is  final  for  the  pur})oses  of  appeal  or 
error;  but,  on  application  for  judgment  against  the  land  — on  which  the  assessment 
has  been  laid  — the  prior  judgment,  of  confirmation,  must  be  regarded  as  but  a part 
of  one  and  the  same  proceeding.  The  court  does  not  lose  jurisdiction  until  the  pro- 
ceeding is,  for  some  cause,  discontinued  or  culminates  in  a judgment  against  the 
land;  Kilmer  y.  People,  106  111.,  529. 

10.  Where  an  assessment  has  been  confinned,  by  a court  of  coin])etent  jurisdiction, 
and  no  appeal  is  taken  from  that  judgment,  the  question  as  to  the  legality  of  such 
assessment,  in  a proceeding  to  collect  the  same,  must  be  regarded  as  res  adjudicata; 
Andrews  v.  People,  84  111.,  28. 

11.  Assessment  confirmed  by  a court  having  jurisdiction;  in  the  absence  of  an  ap- 
peal the  judgment  is  res  adjudicata,  in  a proceeding  to  collect  the  judgment;  An- 
drews y.  People,  84  111.,  28. 

12.  If,  on  application  for  the  confirmation  of  a special  assessment,  the  court  has 
jurisdiction  to  render  the  judgment  of  confirmation,  such  judgment  will  conclude 
the  land  owner  from  questioning  any  of  the  proceedings  had  prior  thereto,  on  a sub- 
sequent application  for  a judgment  and  sale  of  the  premises.  Aliter,  where  the  pro- 
ceedings anterior  to  the  judgment  of  confirmation  were  so  defective  as  not  to  autho- 
rize the  court  to  act  on  that  question;  objections  to  those  proceedings  may,  properly, 
be  made  on  application  for  judgment  and  order  of  sale;  Schertz  y.  People,  105  111., 
31. 

13.  All  defects  on  the  face  of  the  proceedings,  in  making  a special  assessment, 
which  go  to  show  that  the  requirements  of  the  law  have  not  been  observed  and, 
therefore,  that  the  court  had  no  right,  in  law,  to  render  the  judgment,  can  be  urged 
on  appeal  or  error;  Chicago  y Wright,  32  111.,  192. 

165.  judgment  certified  to  city  clerk  — filing  — warrant.] 

§ 35.  Tlie  clerk  of  tlie  court  in  which  such  judgment  is  rendered  shall 
certify  the  assessment  roll  and  judgment  to  the  clerk  of  such  city  or 
village  or,  if  there  has  been  an  appeal  or  writ  of  error  taken  on  any 
part  of  such  judgment,  then  he  shall  certify  such  part  of  the  judgment 
15 


114 


Special  Assessments  for  Local  Improvements. 


as  is  not  included  in  such  appeal  or  writ  of  error.  The  clerk  of  the 
city  or  village  shall  iile  such  certificate  in  his  ofKce  and  issue  a warrant 
for  .the  collection  of  such  assessment. 

1.  The  issuing  of  warrant  to  collect  is  governed  by  the  law  in  force  at  the  date  of 
judgment  of  confirmation,  there  being  no  statute  to  the  contrary;  Murphy  v People 
120  111.,  280. 

2.  The  court  takes  judicial  cognizance  of  the  official  character  of  liim  to  whom  a 
warrant  has  been  directed  to  collect;  Brackett  v.  Peoi)le,  llo  111.,  30. 

166.  Form  of  warrant.]  § 36.  The  warrant  in  all  cases  of  assess- 
ment under  this  act  shall  contain  a copy  of  such  certificate  of  the  judg- 
ment, describing  the  lots,  blocks,  tracts  or  parcels  of  land  assessed,  and 
the  respective  amounts  assessed  on  each  lot,  block,  tract  or  parcel  of 
land,  and  shall  be  delivered  to  the  officer  authorized  to  collect  such 
S])ecial  assessments.  Such  warrant  shall  give  sufficient  authority  to 
collect  the  assessments  therein  specified. 

167.  Collector’s  notice  — form  of.]  § 37.  The  collector  receiving 
such  wari'ant  shall  immediately  give  notice  thereof  by  publishing  such 
notice  in  one  or  more  newspapers  in  such  city  or  village,  if  such  news- 
])aper  is  there;  and  if  there  is  410  such  newspaper,  tlien  by  ])osting  four 
copies  thereof  in  public  places  along  the  line  of  the  proposed  improve- 
ments. Such  notice  may  be,  substantially,  in  the  following  form ; 

SPECIAL  ASSESSMENT  NOTICE.  SPECIAL  WAllKANT  NO.  — . 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has  rendered 
judgment  for  a special  assessment  upon  property  benefited  by  the  following  improve- 
ment (here  insert  the  character  and  location  of  the  improvement  in  general  terms)  as 
will  more  fully  appear  from  the  certified  copy  of  the  judgment  on  file  in  my  office; 
that  a warrant  for  the  collection  of  such  assessments  is  in  the  hands  of  the  under- 
signed. All  persons  interested  are  hereby  notified  to  call  and  pay  the  amounts  as- 
sessed, at  the  collector’s  office  (here  insert  location  of  office),  within  thirty  days  from 
the  date  hereof. 

Dated  this  day  of  , A.  D.  18 

Collector. 

[As  ammended  by  act  approved  June  26,  1885.  In  force  July  1,  1885.  L.  1885, 
p.  63. 

1.  A separate  notice  of  application  for  judgment  against  property  for  delinquent 
special  assessments  from  that  in  respect  to  the  general  taxes  is  not  void.  The  notice 
may  embrace  both  or  separate  notice  may  be  given,  in  the  discretion  of  the  collector; 
People  Sherman,  83  111.,  165. 

2.  On  application  of  a collector  for  judgment  against  lands  and  lots,  for  taxes  etc. 
due  thereon,  the  advertisement,  as  to  the  application,  stands  in  the  place  of  a sum- 
mons in  personal  actions  — as  to  the  question  of  jurisdiction;  Mix  v.  People,  106 
111.,  428. 

168.  Manner  of  collecting  — entry  of  payment.]  § 38.  It  shall 
be  the  duty  of  the  eollector  into  whose  hands  the  warrant  shall  so  come, 
as  far  as  practicable,  to  call  upon  all  persons  resident  within  the  cor- 
poration whose  names  appear  on  the  assessment  roll,  or  the  occupants 
of  the  property  assessed,  and  personally,  or  by  written  or  jirinted  notice 
left  at  his  or  her  usual  place  of  abode,  inform  them  of  such  assess- 
ment, and  request  payment  of  the  same.  Any  such  collector  omitting 
so  to  do  shall  be  liable  to  a penalty  of  $10  for  every  such  omission,  but 
the  validity  of  the  special  assessment,  or  the  right  to  apply  for  and 


Special  Assessments  fou  liOCAL  Improvements. 


115 


ol)t;iin  judgment  for  any  such  special  [assessment],  shall  not  be  affected 
by  such  omission.  It  shall  be  the  duty  of  such  collector  to  write  the 
word  “ paid  ” opposite  each  tract  or  lot  on  Mdiich  the  assessment  is 
paid,  together  with  the  name  and  post  office  address  of  the  person 
making  the  payment,  and  date  of  payment. 

1.  Where  one  person  lias  voluntarily  paid  a special  assessment,  the  fact  that  others 
have  failed  to  pay  thereon  or  that  the  corporate  authorities  have  abandoned  the  col- 
lection of  other  assessments,  will  not  aid  him  who  has  paid,  to  recover  back  his 
money;  Falls  v.  Cairo,  58  111.,  403. 

2.  Owners  who  have  paid  assessments,  which  are,  afterward,  set  aside,  have  no 
recovery  back  — they  are  deemed  to  have  paid  voluntarily;  Uu.  Bldg.  Asso.  v,  Chicago, 
61  111.,  439. 

169.  Report  of  delinquent  list  to  county  collector  — evidence  — 
defense.]  ^ 39.  It  shall  be  the  duty  of  the  collector  of  special  assess- 
ments, within  such  time  as  the  city  council  or  board  of  trustees  may, 
by  ordinance,  provide,  to  make  a report  in  writing — to  the  general 
officer  of  the  county  authorized,  or  to  be  designated  by  the  general 
revenue  law  of  this  state,  to  apply  for  judgment  and  sell  lands  for 
taxes  due  the  county  and  state  — of  all  the  lands,  town  lots  and  real 
property  on  which  lie  shall  have  been  unable  to  collect  special  assess- 
ments, with  the  amount  of  special  assessments  due  and  unpaid  thereon, 
together  with  his  warrant,  or  with  a brief  description  of  the  nature  of 
the  warrant  or  warrants  received  by  him  authorizing  the  collection 
thereof ; which  report  sliall  be  accompanied  with  the  oath  of  the  col- 
lector that  the  list  is  a correct  return  and  report  of  the  lands,  town  lots 
and  real  property  on  which  the  special  assessments  levied  by  authority 

of  the  city  of (or  village  of , as  the  case  may  be), 

remain  due  and  unpaid ; that  he  is  unable  to  collect  the  same  or  any 
part  thereof,  and  that  he  has  given  the  notice  required  by  law  that  said 
warrants  had  been  received  by  him  for  collection.  Said  report,  when 
so  made,  shall  be  prima  facie  evidence  that  all  the  forms  and  require- 
ments of  the  law  in  relation  to  making  said  return  have  been  complied 
with,  and  that  the  special  assessments  mentioned  in  said  report  are  due 
and  unpaid.  And,  upon  the  application  for  judgment  upon  such  assess- 
ment, no  defense  or  objection  shall  be  made  or  heard  which  might  have 
been  interposed  in  the  proceeding  for  the  making  of  such  assessment, 
or  the  application  for  the  contirination  thereof. 

1.  The  city  council  has  power  to  appoint  the  term  of  the  court  at  which  applica- 
tion for  judgment  shall  be  made  against  property  for  delinquent  special  assessments; 
which  term  may  be  a different  one  from  that  at  which  application  is  required  to  be 
made  for  judgment  for  state  and  county  taxes;  Potwin  v.  Johnson,  108  111.,  73. 

2.  Return  of  unpaid  assessments  — under  the  revenue  law  — to  the  county  col- 
lector is  to  be  made  on  or  before  March  10,  next  after  the  same  become  payable; 
People  V.  Clayton,  115  111.,  151. 

3.  Irregularity  in  making  return  of  delinquent  assessments  before  notice  of  the 
assessment  not  being  an  error  affecting  the  substantial  justice  of  the  assessment  is 
cured  by  the  revenue  law  (§  191);  People  v.  Clayton,  115  111.,  151. 

4.  The  county  collector’s  delinquent  list  is  prima  facie  evidence,  on  application  for 
judgment,  that  the  amounts  are  due  as  stated;  Brackett  v.  People,  115  111.,  30. 

5.  Where  a collector  makes  return  that  he  is  unable  to  collect  an  assessment,  or 
any  part  thereof,  his  return  is  conclusive  of  the  facts  stated.  If  the  return  be  false, 
the  officer  is  liable  thereon; . Ottawa  v.  Macy,  20  111.,  413. 


Ilf)  Special  Assessments  for  Local  Improvements. 

().  (Collector’s  sworn  report  of  dcliiKpient  lands,  with  j)roof  of  its  j)ublication  and 
noti(;e  ol  application  inak(;  out  a priina  faci(!  case  for  judgment.  If  there  beany 
valid  objection  not  on  the  face  of  the  papers  the  land  owner  must  point  them  out; 
People (jlivens,  12:i  111.,  1155. 

7.  'I'he  collector’s  oath,  in  a case  where  no  taxes  are  to  be  passed  on,  does  not 
necessarily  state;  that  the  apj)lication  is  for  the  sale  of  the  lands  for  “ taxes  ” and 
assessments;  (\  & N.  W.  Ry.  Co.  v.  J^eoj)le,  83  111.,  407. 

8.  On  application  for  judgment  the  (collector  is  not  bound  to  show  a legal  asse.ss- 
ment,  until  the  presumption  in  favor  of  his  return  of  delinquencies  is  overcome. 
People  V.  (livens,  123  111.,  355. 

170.  Application  for  judgment — what  law  governs.]  § 40.  When 
said  general  officer  sliall  receive  the  report  provided  for  in  the  jireced- 
ing  section,  he  shall  proceed  to  obtain  jndginent  against  said  lots, 
parcels  of  land,  and  property,  for  said  special  assessments  remaining 
due  and  unpaid,  at  the  same  time  and  in  the  same  manner  as  is  or  may 
be  by  law  provided  for  obtaining  judgment  against  lands  for  taxes  due 
and  unpaid  the  county  and  state ; and  shall  in  the  same  manner  pro- 
ceed to  sell  the  same  for  the  said  special  assessments  remaining  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the  said 
officer  shall  be  governed  by  the  general  revenue  laws  of  tin's  state, 
except  when  otherwise  provided  herein.  No  application  for  judgment 
against  lands  for  unpaid  special  assessments  shall  be  made  at  a time 
different  from  the  annual  application  for  judgment  against  lands,  upon 
which  general  taxes  remain  due  and  unpaid.  The  application  for 
judgment  upon  delinquent  special  assessments  in  each  year  shall  include 
only  such  special  assessments  as  shall  have  been  returned  as  delinquent 
to  the  county  collector,  on  or  before  the  first  day  of  April,  in  the  year 
in  which  such  application  is  made.  [As  amended  by  act  approved 
June  18,  1883.  In  force  July  1,  1883.  L.  1883,  p.  58. 

1.  An  objection  that  a proposed  improvement  is  private  and  not  public  comes  too 
late  on  application  for  judgment  on  tb^  assessment,  where  the  ])arty  has  had  notice 
of  the  application  for  confirmation;  Lehmer  v.  People,  80  111.,  601. 

2.  The  confirmation  of  the  assessment  is  conclusive  on  the  question  of  benefits;  it 
is  too  late  to  object  thereto  on  application  for  judgment;  Andrews  v.  People,  83  111.,  529. 

3.  On  application  for  judgment  against  real  estate  for  a delinquent  special  assess- 
ment, thereon  levied,  all  matters  preceding  the  application  for  judgment  are  res 
adjudicata  and  not  open  to  re-investigation;  Lehmer -y.  People,  80  111.,  601;  C.  & N. 
W.  Ry.  Co.  V.  People,  83  111.,  467. 

171.  Return  of  sales  — redemption.]  § 41.  After  making  said 
sales,  the  list  of  lots,  parcels  of  land  and  ])roperty  sold  thereat  shall  be 
returned  to  the  office  of  the  county  clerk,  and  redemption  may  be  made 
as  provided  for  by  the  general  revenue  law  of  this  state. 

1.  See  Additional  Laws — Revenue,  §§  210-7:  as  to  redemption. 

2.  In  the  absence  of  express  authority,  of  statute,  to  levy  special  assessments  on 
the  realty  of  a city,  no  such  power  can  be  implied;  nor  has  a city,  or  its  officers,  in 
the  absence  of  express  authority,  the  power  to  tax  its  property  for  the  purpose  of 
raising  revenue  for  the  city.  Therefore,  the  city  of  Chicago  having  specially  assessed 
its  own  real  estate,  under  which  such  realty  was  sold,  it  was  held  that  the  sale  was 
void,  that  it  conferred  no  title  on  the  purchaser,  nor  any  right  to  demand  redemption 
in  double  the  amount  for  which  the  property  was  sold;  Taylor  v.  People,  66  111.,  322. 

172.  Penalty  when  lands  are  sold  for  tax  etc.]  § 42.  If  the 

collector  shall  receive  any  moneys  for  taxes  or  assessments,  giving  a 
receipt  therefor  for  any  land  or  ])arcel  of  land,  and  afterwards  return 


Special  Assessments  for  Local  Improvements. 


117 


tlie  sumo  as  unpaid  to  the  state  officers  authorized  to  sell  lands  for  taxes, 
or  shall  receive  the  same  after  making  such  return,  and  the  same  be 
sold  for  tax  or  assessment  which  has  been  so  paid  and  receipted  for  by 
himself  orchis  clerks,  he  and  his  bond  shall  be  liable  to  the  holder  of 
the  certificate  given  to  the  purchasers  at  the  sale,  for  double  the  amount 
of  the  face  of  the  certificate,  to  be  demanded  in  two  years  from  the 
date  of  the  sale,  and  recovered  in  any  court  having  jurisdiction  of  the 
amount;  and  the  city  or  village  shall,  in  no  case,  be  liable  to  the  holder 
of  such  certificate. 

173.  Paying  over  — compensation.]  §43.  The  collector  or  col- 
lectors, and  the  general  officer  aforesaid,  to  whom  the  said  warrant  shall 
he  returned,  shall  pay  over  to  the  city  or  village  treasurer  to  which  it  shall 
belong  all  moneys  collected  by  them,  respectively,  upon  or  by  virtue  of 
such  warrant,  or  upon  any  sale  for  taxes  or  otherwise,  at  such  time  or 
times,  and  in  such  manner  as  shall  be  prescribed  by  ordinance,  and 
shall  be  allowed  such  compensation  for  their  services  in  the  collection 
of  such  assessment  as  the  ordinances  of  the  city  or  village  may  provide, 
except  when  such  compensation  is  fixed  lyy  general  law. 

1.  See  art.  7,  § 15  and  notes,  in  respect  of  detaining  money. 

174.  General  revenue  laws  apply.]  § 44.  The  general  revenue 
laws  of  this  state,  in  reference  to  proceedings  to  recover  judgments  for 
delinquent  taxes,  the  sale  of  property"  thereon,  the  execution  of  certifi- 
cates of  sale  and  deeds  thereon,  the  force  and  effect  of  such  sales  and 
deeds,  and  all  other  laws  in  relation  to  the  enforcement  and  collection 
of  taxes  and  redemption  from  tax  sales,  except  as  herein  otherwise 
provided,  shall  be  applicable  to  proceedings  to  collect  such  special 
assessment. 

1.  See  Additional  Laws  — Revenue,  199-225. 

175.  City  or  village  may  buy  at  tax  sale.]  § 45.  Any  city  or  vil- 
lage interested  in  the  collection  of  any  tax  or  special  assessment,  may 
become  a purchaser  at  any  sale  of  real  or  personal  property  to  enforce 
the  collection  of  the  same,  and  may,  by  ordinance,  authorize  and  make 
it  the  duty  of  one  or  more  city  or  village  officers  to  attend  such  sales, 
and  bid  thereat  in  behalf  of  the  corporation. 

1.  This  section  confers  no  power  on  cities  and  villages,  organized  under  special 
charters,  to  become  purchasers  at  tax  sale;  Champaign  v.  Harmon,  98  111.,  491. 

176.  When  assessment  set  aside  — new  assessment.]  §46.  If 

any  assessment  shall  be  annulled  by  the  city  council  or  board  of  trus- 
tees, or  set  aside  by  any  court,  a new  assessment  may  be  made  and 
returned,  and  like  notice  given  and  proceedings  had,  as  herein  required 
in  relation  to  fhe  first;  and  all  parties  in  interest  shall  liave  the  like 
rights,  and  the  city  council  or  board  of  trustees  and  court  shall  perform 
like  duties  and  have  like  power  in  relation  to  any  subsequent  assess- 
ment, as  are  hereby  given  in  relation  to  the  first  assessment. 

1.  Where  the  collector  returns  a portion  of  the  property  delinquent  and  applies  to 
the  court,  for  an  order  of  sale  and  the  court  refuses  — on  objections  interposed  by 
property  owners  — the  city  authorities  may  proceed  to  levy  a new  assessment  to  col- 
lect the  deficiency;  Chicago  c.  Ward,  36  111.,  9;  Lafliu  v.  Chicago,  48  111.,  449.  When 


118 


Spkcial  Asskssments  for  Local  Imimiovements. 


sucli  ruivv  assossiiKMit  has  ho(M»  nla(h^  and  tho  warrant  issued  to  the  city  collector  and 
he  returns  a i)ortion  of  the  land  deliinjuent  and  asks  for  a judgment  of  sale,  the  court 
will  look,  only,  to  the  regularity  of  the  j)roceeding  in  levying  the  new  assessment, 
d’he  court  will  mutlier  look  into  tin;  regularity  of  the  first  assessment  nor  regard  any 
judgment  on  the  roll  thereof;  Chicago  v.  Ward,  36  III.,  0. 

2.  If  a special  assessment  be  held  invalid  by  reason  of  the  invalidity  of  the  ordi- 
nance under  which  it  is  levied,  the  defect  can  not  be  cured  or  remedied  by  making  a 
new  assessment  and  report  under  the  invalid  ordinance;  Chicago  'o.  Wright,  8U  111., 

3.  An  assessment,  based  on  a prior  oiiginal  assessment  which  was  void  is.  itself, 
void;  Potwin  v.  Chicago,  61  111.,  463;  Workman  i).  Chicago,  61  111.,  463;  Uu.  Bldg. 
Asso.  V.  Chicago,  (>1  111.,  439;  Bowen  v.  Chicago,  61  111.,  268. 

4.  .1  udgment  on  a special  assessment — for  the  laying  of  water  pipes — being  re- 
fused for  defect  of  the  ordinance  a second  ordinance  was  ado])ted,  to  cure  the  defect. 
4'he  judgment  in  respect  to  the  first  ordinance  was  not  res  adjudicata  on  ai)plicatiou 
for  judgment  on  the  second,  it  being  authority  for  a new  assessment  and  wholly  iude- 
])endent  of  the  original  ordinance.  Xo  (piestion  of  power  being  involved  in  either 
j)i‘oceeding  the  first  judgment  could  not  bar  the  second  proceeding;  Hyde  Park 
Waite,  2 Ap]).,  443. 

5.  Judgment  refused  because  of  action  prematurely  brought  will  not  bar  a sub- 
sequent application  for  judgment  for  the  same  assessment;  Brackett  'c.  People,  115 
111.,  30. 

177.  Supplemental  assessments.]  § 47.  If,  in  any  case,  the  first 
assessment  provm  insntficient,  a second  may  be  made  in  the  same  manner, 
as  nearly  as  may  be,  and  so  on,  until  sufficient  moneys  shall  liaye  been 
realized  to  pay  for  sm-h  public  imjtroyernent.  If  too  large  a sum  shall, 
at  any  time,  be  raised,  the  excess  shall  be  refunded  ratably  to  those  by 
whom  it  was  paid. 

1.  If  a special  assessment  proves  insufiicient  on  account  of  a failure  to  collect  it  on 
part  of  the  ])ropeity  assessed  there  can  be  no  new  assessment  on  the  other  pait  to 
supply  the  deficieuey;  Chicago  'c.  People,  56  111.,  327. 

2.  A new  assessment,  for  a deficiency,  Avas  held  valid,  the  only  defect  in  the  original 
proceeding  being  in  the  notice  of  application  for  confirmation;  the  ordinance  under 
which  it  Avas  had  being  free  from  objection;  Burton  v.  Chicago,  62  111.,  179;  Tyler  c. 
Chicago,  61  111.,  459;  Harrison  v.  Chicago,  61  111.,  459. 

178.  New  assessment  against  delinquents  — lien  — limitation.] 

§ 48.  If,  from  any  cause,  any  city  or  yillage  shall  fail  to  collect  the 
whole  or  any  portion  of  any  special  assessment  which  may  be  leyied, 
which  shall  not  be  canceled  and  set  aside  by  the  order  of  any  court,  for 
any  public  improyement  authorized  to  be  made  and  paid  for  by  special 
assessment,  the  city  council  or  board  of  trustees  may,  at  any  time 
within  fiye  years  after  the  confirmation  of  the  original  assessment,  direct 
a ne\y  assessment  to  be  made  upon  the  delinquent  property  for  the 
amount  of  such  deficiency,  and  interest  thereon  from  the  date  of  such 
original  assessment — which  assessment  shall  be  made,  as  near  as  may 
be,  in  the  same  manner  as  is  herein  prescribed  for  the  first  assessment. 
In  all  cases  where  partial  payments  shad  hace  been  made  on  such  former 
assessment,  they  shad  be  credited  or  allowed  on  the  new  assessment  to 
the  property  for  which  they  were  made,  so  that  the  assessment  shall  be 
equal  and  impartial  in  its  results.  If  such  new  assessment  proye  inef- 
fectual, either  in  whole  or  in  part,  the  city  council  or  board  of  trustees 
may,  at  any  time  within  said  period  of  five  years,  order  a third,  and  so 
on,  to  be  levied  in  the  same  manner  and  for  the  same  jAurpose  ; and  it 
shall  constitute  no  legal  objection  to  such  assessment  that  the  pi-<q)eity 


Special  Assessments  for  Local  Improvements. 


119 


may  have  cliaiiged  liands,  or  been  encumbered,  subsequent  to  the  date 
of  the  original  assessment,  it  being  the  true  intent  and  meaning  of  this 
section  to  make  the  cost  and  expense  of  all  public  improvements,  to  be 
])aid  for  by  a special  assessment,  a charge  upon  the  property  assessed 
therefor,  for  the  full  ])eriod  of  five  years,  from  the  confirmation  of  the 
original  assessment,  and  for  such  longer  period  as  may  be  required  to 
collect,  in  due  course  of  law,  any  new  assessment  ordered  within  that 
]>eriod. 

1.  See  § 181,  infra. 

179.  Contracts  payable  from  assessments.]  § 49.  All  persons 
taking  any  contracts  with  the  city  or  village,  and  who  agree  to  be  paid 
from  special  assessments,  shall  have  no  claim  or  lien  upon  the  city  or 
village  in  any  event,  except  from  the  collections  of  the  special  assess- 
ments made  for  the  work  contracted  for. 

1.  Contract  to  perform  work  on  streets,  the  contractor  expressly  stipulating  that  he 
would  look,  for  payineut,  only  from  the  proceeds  of  any  special  assessment  already 
made  or  which  might,  thereafter,  be  levied,  and  make  no  claim  against  the  corpora- 
tion, except  for  the  collection  of  such  assessments.  On  application  for  mandamus  to 
compel  payment,  the  writ  was  refused.  In  such  case  the  contractor  must  abide  by 
his  contract;  it  appearing  that  the  corporation  was,  in  good  faith,  and  with  reason- 
able diligence,  proceeding  to  collect  on  the  assessments;  Chicago  i\  People,  48  111.,  416. 

2.  Contract  for  street  improvement,  the  city  agreeing  to  pay  for  the  work  on  its 
completion  and  acceptance  and  when  the  special  assessment,  to  be  levied,  should  be 
collected.  A part  of  such  assessment  could  not  be  collected,  the  city  having,  expressly, 
exempted  the  land  owner  therefrom.  The  assessment  being  to  that  extent  void,  the 
condition  of  the  contract  thus  being  impossible  and  the  contractor  having  no  notice 
of  the  void  assessment,  at  the  time  he  assented  to  the  condition,  it  was  held  he  had 
his  remedy  to  recover  what  he  would  have  been  entitled  to  had  the  entire  assessment 
been  valid;  Chicago  v.  People,  56  111.,  329. 

3.  Debt  will  not  lie  on  a judgment  condemning  land  for  a village  street  so  long  as 
the  ordinance  providing  for  payment  I)y  special  assessment  remains  in  force;  liyde 
Park  V.  Corwith,  122  111.,  445. 

180.  Contracts,  how  let  — approval.]  § 50.  All  contracts  for  tlie 

making  of  any  public  improveinent,  to  be  |)aid  for  in  whole  or  in  part 
by  a s])ecial  assessment,  and  any  work  or  other  public  improvement, 
when  the  expense  thereof  shall  exceed  ^500,  shall  bo  let  to  the  lowest 
responsible  biddei-,  in  the  matter  to  be  prescribed  by  ordinance  — such 
contracts  to  be  approved  by  the  mayor  or  president  of  the  board  of 
trustees  : Provided,  however,  any  such  contract  may  be  entered  into 

by  the  proper  officer  Avithont  advertising  for  bids,  and  without  such 
approval,  by  a vote  of  two-thirds  of  all  tlie  aldermen  or  trustees  elected. 

1.  Contract  let  in  violation  of  the  provisions  of  the  statute  is  void;  Dement  v. 
Kokker,  126  111.,  189. 

2.  No  person  can  derive  any  rights  under  a contract,  procured  by  preventing  — on 
his  part  — competition  in  bidding;  Dement  v.  Kokker,  126  111.,  189. 

3.  The  lowest  bid  may  be  rejected,  if  the  bidder  be  not  responsible;  Dement  y. 
Kokker,  126  111.,  189. 

181.  Lien  of  special  assessmenl:.]  § 51.  All  special  assessments 
levied  by  any  city  or  Aullage  under  this  act,  shall,  from  the  date  of  as- 
sessment, be  a lien  upon  the  real  estate  iqjon  which  the  same  may  be 
imposed,  and  such  lien  shall  (,'ontinue  until  such. special  assessments  are 
paid.  And  the  same  proceedings  ma}"  be  resorted  to  by  the  collector. 


1:^0 


SrECiAi.  Assessments  for  Local  Improvements. 


upon  any  warrant  or  ordci-  issued  or  made  for  the  eolleetion  of  special 
assessments,  as  in  the  case  of  the  collection  of  state  and  county  taxes 
under  the  general  laws  of  the  state. 

1.  See  § 178,  supra. 

182.  Collection  by  suit.]  § 52.  At  any  time  after  the  same  becomes 
due,  it  shall  and  may  be  lawful  for  any  collector  thereof  to  commence 
suit  in  any  court  of  ]-ecord,  in  the  corporate  name  of  such  city  or  vil- 
lage, against  any  person  or  persons,  for  the  total  amount  of  special  as- 
sessments which  such  person  or  ])ersons  are  liable  for  the  payment  of. 
Such  suit  shall  be  commenced  by  petition,  and  shall  state  the  several 
amounts  of  the  s[)ecial  assessments  sought  to  be  recovered,  and  give  a 
general  descriptioti  of  the  warrant  or  warraiits  issued  for  the  collection 
thereof.  Upon  the  filing  of  the  petition  a summons  shall  be  issued, 
served  and  returned  as  in  other  suits  in  such  court.  Upon  the  return 
of  such  summons,  duly  served,  the  court  shall  forthwith  proceed  to  the 
liearing  of  said  petition  without  formal  pleadings,  and  may  render 
judginent  for  all  or  any  part  of  the  special  assessments,  as  the  right  and 
justice  of  the  case  may  recjuire.  The  original,  or  a certified  copy  (by 
the  clerk,  under  the  corporate  seal)  of  such  warrant  or  warrants  and 
list  or  lists,  or  so  much  thereof  as  refers  to  the  special  assessments 
sought  to  be  recovered,  shall  be  prima  facie  evidence  of  the  right  of 
said  collector  to  a judu’inent  in  favor  of  such  corporation.  Execution 
shall  issue  on  such  judgment  as  in  other  cases,  but  such  execution  may 
be  first  levied  upon  and  collected  from  any  personal  property  of  the 
defendant  ; or  the  court,  in  which  such  proceedings  were  had,  may, 
upon  complaint  of  the  city  or  village,  issue  a scire  facias  against  the 
])erson  or  ])ersons  liable  for  such  payment,  to  show  cause  why  execu- 
tion should  not  issue  against  him  or  them  for  the  amount  of  such 
assessment;  and  if,  upon  the  return  of  such  scire  facias,  good  cause  is 
not  shown  why  execution  should  not  issue,  the  court  may  award  exe- 
cution against  such  ])erson  or  ])ersons  in  the  usual  form  of  execution 
upon  judgments  at  law. 

183.  Supplemental  petition  to  assess  benefits  in  condemnation 
proceeding.]  ^ 53.  Whenever  any  city  or  village  shall  apply  to  any 
court  for  the  purpose  of  making  just  compensatiou  for  property  taken 
or  damaged  by  such  proceedings  as  are  authorized  by  this  act,  such  city 
or  village  may  file  in  the  same  pi*oceeding  a supplemental  petition, 
praying  the  court  to  cause  that  an  assessment  be  made  for  the  purpose 
of  raising  the  amount  necessary  to  pay  the  compensation  and  damages 
which  may  be  or  shall  have  been  awarded  for  the  property  taken  or 
damaged,  with  the  costs  of  the  proceeding.  The  said  court  shall  have 
power,  at  any  time  after  any  such  supplemental  petition  shall  have 
been  filed,  to  appoint  three  commissioners  to  make  such  assessment, 
and  to  ascertain,  as  near  as  may  be,  the  costs  incurred  to  the  time  of 
such  appointment,  and  the  probable  further  costs  of  the  proceedings, 
including  therein  the  estimated  costs  of  making  and  collecting  such 
assessment,  and  shall  direct  such  costs  to  he  included  by  such  commis- 
sioners in  making  said  assessment.  Like  proceedings  in  making  said 


Si’KciAii  Assessments  for  Local  Imfrovemen'I's. 


121 


iissessnieiiL  shall  be  had  and  the  assessment  shall  be  made,  collected  and 
enforced  in  the  same  manner,  as  near  as  may  be,  as  is  jirovdded  in  this 
article  in  other  cases;  provided,  however,  in  all  ])roceedings  heretofore 
commenced,  where  the  jiroperty  has  not  been  fully  paid  for  or  that  shall 
hereafter  be  commenced,  said  city  or  village  shall  take  and  pay  for  the 
lands  sought  to  be  taken  or  damaged  within  two  years  of  the  entry  of 
the  judgment  in  such  condemnation  proceedings;  and,  after  the  expira- 
tion of  such  time,  the  court  in  wliich  the  proceedings  may  have  been  had 
u})on  a motion  of  any  person  interested  in  the  lands,  may  inquire 
in  a summary  manner,  whether  the  lands  in  which  such  person  is  inter- 
ested have  been  taken  or  damaged  and  paid  for,  and  if  the  court  finds 
that  such  lands  have  not  been  taken  or  damaged  and  not  been  paid  for,  it 
shall  enter  an  order  requiring  the  city  or  village  to  pay  for  such  lands 
within  a short  day,  to  be  fixed  by  the  court,  and  in  default  thereof  shall 
dismiss  such  proceeding  as  far  as  they  relate  to  lands  of  such  person. 
If,  however,  the  court  finds  that  such  city  or  village  has  taken  posses- 
sion of  the  land  and  has  not  paid  therefor  it  shall  enter  an  order  requir- 
ing such  city  or  village  to  pay  the  amount  of  the  condemnation  judg- 
ment, with  interest  from  the  time  of  such  taking,  within  a short  day,  to 
be  fixed  by  the  court,  and  in  default  thereof  to  dismiss  the  proceedings 
and  enter  a several  judgment,  in  favor  of  such  land  owners,  for  interest 
from  the  day  of  such  taking  and  direct  the  issue  of  a writ  of  possession 
in  favor  of  the  several  owners  or  their  legal  representatives  or  grantees, 
respectively  ; and  such  dismissal,  as  aforesaid,  shall  operate  as  a bar  to 
further  proceedings  under  such  ordinance  against  the  land  affected  by 
such  dismissal ; and  every  such  cause  shall  be  considered  as  pending  in 
the  court  in  which  the  same  has  been,  or  shall  be,  commenced  until  all 
the  lands  sought  to  be  taken  are  paid  for  or  until  the  proceedings  are 
dismisssd  where  the  lands  have  not  been  taken.  [As  amended  March 
30,  1874.  L.  1873-4,  p.  64,  and  June  15,  1891.  L.  1891,  ]x  80. 

184.  Adoption  of  this  article.]  §54.  Any  city  or  incorporated 
town  or  village  may,  if  it  shall  so  determine  by  ordinance,  adopt  the 
provisions  of  this  article  without  adopting  the  whole  of  this  act;  and 
where  it  shall  ha\eso  adopted  this  article,  it  shall  have  the  right  to 
take  all  proceedings  in  this  article  provided  for,  and  have  the  benefit 
of  all  the  pi’ovisions  hereof. 

1.  An  incorporated  town  or  village  is  authorized  to  adopt  tlie  provisions  of  this 
article.  An  ‘‘incorporated  town”,  under  the  revised  statutes  of  1845,  means  the 
same  thing  as  “ village  ” under  the  later  statutes;  Martin  v.  People,  87  III.,  5*24. 

2.  Cities  adopting  this  article  will  have  power  to  construct  seAvers  by  special 
assessment  regardless  of  their  special  charters;  Murphy  v.  Peoria,  119  111.,  510. 

3.  The  provisions  of  the  revenue  acts  279  of  187‘2  and  § 178  of  1873)  barring 
special  assessments  not  returned  to  the  collector  within  a year  next  after  it  is  due 
does  not  apply  to  cities  and  villages  which  have  adopted  this  article;  People  v.  Pierce, 
90  111.,  85. 

All  act  to  amend  article  nine  of  an  act,  entitled  “An  act  to  provide 
for  the  incorporation  of  cities  and  villages”,  approved  April  ten,  eigh- 
teen hundred  and  seventy-two,  in  force  July  one,  eighteen  hundred 
and  seventy-two,  by  addino- thereto  the  followin<x  seotions.  [Approved 
and  in  force  April  29,  1887.  L.  1887,  p.  104.]  Sec.  1.  Article  nine 
of  an  act  entitled  “An  act  to  provide  for  the  incorporation  of  cities 


199 


Special  Assessment  for  Local  Improvements. 


and  villages”,  ai)proved  A])ril  ten,  eighteen  hundred  and  seventy-two, 
in  force  July  one,  eighteen  hundred  and  seventy-two,  he  and  the  same 
is  hereby  amended  by  adding  tliereto  the  following  sections,  viz.  : 

185.  Special  assessment  divisible  into  instalments.)  §55.  That 
the  amount  of  any  special  assessment  for  any  local  imj)rovement  in  any 
city,  incorporated  town  or  village  may  be"  divided  into  instalments, 
when  so  provided  by  the  ordinance  providing  for  the  said  improve- 
ment, the  first  of  which  shall  not  exceed  the  sum  of  twenty-five  )>er 
cent,  of  the  total  of  said  assessment,  and  which  shall  be  due  and  i)  iya- 
ble  from  and  after  confirmation  of  said  assessment.  The  remaining 
])ortion  of  said  assessment,  after  deducting  the  said  first  instalment, 
shall  be  divided  into  four  equal  annual  instalments,  which  said  instal- 
ments shall  be  payable  annually  thereafter,  and  collected  in  the  same 
manner  that  other  assessments  are  now  collected  and  the  annual  interest, 
herein  j)rovided  for,  on  all  of  said  instalments  which  may,  at  any  time, 
remain  unpaid  shall,  also,  be  payable  annually  thereafter  and  collected 
in  the  same  manner  that  other  assessments  are  now  collected. 
Each  of  said  four  last  named  instalments  shall  bear  interest  at 
the  rate  of  six  ])er  cent,  per  annum,  payable  in  each  year,  from  and 
after  the  first  day  of  July  next  succeeding  the  conlirmation  of  said 
assessment,  when  such  confirmation  shall  be  had  between  tlie  first 
day  of  November  and  the  first  day  of  March,  and  when  such  con- 
lirmation is  had  between  the  first  day  of  March  and  the  first  day  of 
July  then  each  of  the  said  four  last  named  instalments  shall  bear  interest 
at  the  rate  of  six  per  cent,  per  annum,  in  each  year,  from  and  after  the 
first  day  of  October  next  succeeding  such  confirmation  of  assessment; 
and  when  such  confirmation  is  had  iietween  the  first  day  of  July  and 
the  first  day  of  November,  then  each  of  said  four  last  named  instal- 
ments shall  bear  interest,  at  the  rate  of  six  per  cent,  per  annum,  from 
and  after  the  first  day  of  January  next  succeeding  such  confirmation  of 
assessment.  Such  interest  shall  be  pa\uable  in  Ccach  year  at  tlie  time 
when  the  instalments  are  payable : Provided,  that  in  cities  containing 
a population  of  fifty  thousand  or  more,  this  and  the  following  sections 
shall  not  apply  except  in  cases  where  any  such  special  assessments  shall 
exceed,  in  the  aggregate,  the  sum  of  fifteen  thousand  dollars.  [As 
amended  by  act  approved  June  15,  1891.  L.  1891,  ]).  82. 

186.  May  be  paid  before  maturity  — interest.)  §56.  That  any 
instalment  or  instalments  which  may  be  assessed  against  any  tract,  lot, 
block  or  piece  of  land  may  be  paid  at  any  time  before  maturity,  in 
which  case  interest  shall  be  charged  only  to  the  time  of  payment,  and 
upon  such  payment  the  property  for  which  said  payment  is  made  shall 
be  dischaiged  from  the  lien  to  the  extent  of  such  payment. 

187.  Ordinance  — when  by  instalment.]  § 57.  Whenever  any 
city,  incorporated  town  or  village  desires  to  make  the  collection  of  any 
special  assessment,  as  aforesaid,  by  instalments  under  the  ])rovision  of 
this  act,  the  ordinance  providins:  for  said  improvement  shall  also  state 
that  the  same  shall  be  collected  by  instalments,  and  fix  the  amount  of 
the  first  instalment. 

188.  Assessment  roll  — what  to  contain.]  § 58.  Upon  the  assess- 
ment roll  to  be  returned  by  the  commissioners  shall  be  designated,  in 


Special  Assessments  for  Local  Improvements. 


123 


ap{)ropriate  columns,  first,  tlie  amount  of  each  instalment,  second,  the 
total  amount  of  the  assessment,  which  said  items  shall  be  carried  out 
and  set  opposite  eacii  tract,  lot  or  piece  of  property  so  assessed. 

189.  Notice  — what  to  contain.]  § 59.  The  notice  to  be  given  by 
the  collector  as  now  provided  for  by  law  when  the  assessment  is  under 
the  provisions  of  this  act,  in  addition  to  what  is  now  required  shall  con- 
tain the  amount  of  each  instalment,  the  rate  of  interest  deferred  in- 
stalments bear,  the  date  of  payment  and  that  the  whole  of  said  assess- 
ment, or  any  instalment  thereof,  may  be  paid  at  any  time  at  the  option 
of  the  owner  or  owners  of  said  lot,  block,  piece  or  tract. 

190.  Order  of  confirmation.]  § 60.  The  order  of  confirmation 
that  shall  be  entered  upon  the  return  of  any  such  assessment  roll  shall 
apply  to  all  of  the  instalments  thereof,  and  may  be  entered  in  one  order. 

191.  Warrant  for  collection.]  §61.  The  warrant  for  the  collection 
of  any  such  special  assessment  to  be  made  hereunder  shall  contain  a 
copy  of  such  certificate  of  the  judgment,  describing  the  lots,  blocks, 
tracts  or  parcels  of  land  assessed  and  the  respective  amounts  assessed 
upon  each  lot,  tract,  piece  or  parcel  of  land,  and  the  year  in  which 
each  instalment  is  payable. 

192.  Procedure  for  judgment.]  § 62.  Proceedings  for  judgment 
and  sale  against  lots,  tracts,  pieces  and  parcels  of  land  for  which  the 
assessment  has  not  been  paid  shall  be  had  in  the  same  manner  as  now 
provided  upon  each  instalment  in  the  respective  years  in  which  they 
become  due  and  payable,  and  the  laws  now  in  force  in  so  far  as  they  are 
applicable  shall  apply. 

193.  Payment  for  improvement  done — voucher.]  § 63.  Pay- 
ment for  any  improvement  done  or  performed  under  the  provisions  of 
this  act  shall  be  made  in  the  following  manner ; from  tlie  amount  of 
the  first  payment,  when  it  shall  be  co  lected,  shall  first  be  paid  all  the 
costs  of  making  the  said  assessment,  including  court  costs.  The  re- 
mainder of  said  payment  shall  then  l)e  paid  to  the  person  or  persons  en- 
titled thereto  on  the  contract  for  said  work.  The  amount  remaining 
due  upon  the  contract  for  said  im])rovement  shall  then  be  divided  into 
four  equal  parts,  and  the  authorities  of  any  city,  incorpoi’ated  town  or 
village  shall  issue  a voucher  to  the  person  or  persons  entitled  thereto 
for  each  part,  payable  in  same  order  and  manner  that  the  instalments 
are  payable,  and  said  vouclmrs  shall  bear  the  same  rate  of  interest  per 
annum  that  the  said  instalments  bear,  which  interest  shall  be  paid  on 
the  first  day  of  July,  October  or  Januaiy,  annually,  after  their  date, 
according  to  the  date  of  the  confirmation  of  the  respective  assessments, 
to  the  ])ei'son  holding  such  vouchers.  Said  vouchers  shall  be  made 
payable  to  the  order  of  the  person  or  persons  entitled  thereto,  and  state 
the  improvement  and  the  instalment  for  which  they  are  issued.  They 
shall  also  contain  the  following: 

In  consideration  of  the  issuing  of  this  voucher,  I hereby  for  sel  , heirs, 
executors,  administrators  and  assigns,  accept  tlie  same  in  full  payment  of  the  amount 
herein  stated  and  relinquish  any  and  all  claims  or  liens  I may  have  against  the  (city. 


L?4  SrKClAL  AsSKSSMKNTS  F(;li  LuCAL  LviI’JiOVKMENTS. 


incorporated  town  or  villai>e)  of  for  the  work  mentioned  lierein,  f)r  for  the  pay- 

ment of  this  voucher,  except  from  the  collection  of  the  instalment  herein  named. 

(tSignalure  of  person  receiving  the  same.) 

[As  amended  June  15,  1891,  L.  1891,  p.  82. 

194  Acceptance  of  voucher — effect.]  § 64.  Any  person  or  per- 
sons accepting  tlie  voucliers,  as  provided  herein,  for  work  done  or  per- 
formed upon  any  local  or  public  improvement  shall  have  no  claim  or 
lien  upon  the  city,  incorporated  town  or  village,  in  any  event,  for  the 
payment  of  said  vouchers  or  the  interest,  except  from  the  collection  of 
the  instalments  for  which  said  vouchers  are  issued  ; And  provided,  that 
this  section  shall  apply  to  all  holders  of  any  of  said  vouchers,  whether 
the  original  contractor  or  their  assigns. 

195.  Surplus  collected  — refunded.]  § 05.  If  upon  the  payment  of 
the  money  and  issuance  of  the  vouchers,  as  provided  for  in  the  last 
section  hereof,  there  shall  be  any  surplus  remaining  of  said  special  as- 
sessment over  and  above  the  payment  aforesaid,  it  shall  be  the  duty  of 
the  proper  authorities  of  said  city,  incorporated  town  or  village,  to,  at 
once,  cause  the  respective  instalments  to  be  credited  with  their  respect- 
ive ])i’oportion  of  said  surplus,  and  in  case  any  person  or  persons  have, 
before  said  credit  has  been  entered,  paid  his  assessment  or  any  part 
thereof,  without  having  received  the  benefit  of  said  credit,  the  proper 
authorities  shall  at  once  cause  notice  of  such  overpayment  to  be  sent  by 
mail  to  the  person  by  whom  such  overpayment  was  made,  and  upon 
proner  proofs  the  same  shall  be  repaid. 

196.  Special  assessment  — when  city  may  advance  damages.] 
§ 66.  In  case  said  special  assessment ’shall  be  made  for  the  purpose  of 
paying  the  compensation  awarded  for  the  taking  or  damaging  of  pri- 
vate property  for  public  use,  payments  may  be  made  as  ])rovided  herein 
in  the  case  of  contracts  let,  and  the  acceptance  by  the  owner  of  any 
lot,  piece  or  tract  taken  or  damaged  of  the  vouchers  issued  shall  be 
deemed  payment  to  said  owner  or  owners  of  said  compensation,  and 
upon  proof  thereof,  an  order  of  possession  may  be  entered  as  is  now 
provided : Provided,  that  after  a special  assessment  has  been  confirmed 
to  pay  for  property  taken  or  damaged  for  public  use,  the  city  council 
in  cities,  and  the  president  and  board  of  trustees  in  villages  may  ap- 
propriate and  advance  a sufficient  amount  to  pay  the  compensation 
awarded,  or  so  much  of  the  same  as  shall  not  have  been  paid  by  accept- 
ance of  vouchers  as  herein  provided.  Provided,  however,  tliat  such 
appropriation  and  advancement  shall  in  no  way  affect  the  collection  of 
said  assessment,  but  the  same  shall  be  collected  in  the  same  manner  as 
though  said  appropriation  had  not  been  made:  And  provided,  further, 
that  when  such  assessment  shall  have  been  collected,  that  the  same,  to- 
gether with  the  interest  thereon,  shall  be  paid  in  to  the  general  fund  of 
said  city,  incorporated  town  or  village,  in  liquidation  of  the  amount  so 
adv^anced. 

197.  When  collected  by  instalment.]  § 67.  In  all  cases  where 
special  assessments  have  been  made,  but  not  confirmed,  it  shall  be  law- 
ful for  any  city,  incorporated  town  or  village,  through  its  legislative 
body,  to  provide  by  ordinance  that  said  assessment  may  be  collected  by 
instalments,  under  the  provisions  of  this  act. 


Special  Assessments  eou  Locai.  Improvements. 


124» 


An  act  to  authorize  the  division  of  special  assessments  in  cities,  towns 
and  villages  into  instalments,  and  authoiizing  the  issue  of  bonds  to 
anticipate  the  collection  of  the  deferred  instalments.  [Approved  June 
17,  1893.  L.  1893,  p.  78. 

197a.  Assessments  divisible  into  instalments — public  improv- 
ments  — sewers  — water  mains.  ] § 1.  Ik  it  enacted  hy  the  people 

of  the  state  of  Jllinois,  represented  in  the  general  assembly;  That  whenever 
the  corporate  authorities  of  any  city,  town  or  village  have,  heretofoi’e, 
levied  or  shall,  hereafter,  levy  any  special  assessment,  pursuant  to  law, 
in  [it]  shall  be  lawful  for  such  corjiorate  authorities,  at  any  time  pi  ior  to 
the  commencement  of  the  collection  thereof,  to  provide,  by  ordinance, 
that  said  assessment  be  divided  into  instalments  not  more  than  seven  in 
number,  the  first  of  which  instalments  shall  be  due  and  payable  on  and 
after  confirmation  thereof,  and  the  second  instalment  one  ^^ear  thereafter, 
and  so  on  until  all  are  ]iaid;  but,  such  division  shall  be  so  made  that 
the  first  instalment  shall  include  all  the  fractional  amounts,  leaving  each 
of  the  remaining  instalments  equal  in  amount  and  multiples  of  $100, 
which  said  assessment  and  instalments  shall  bear  interest,  from  and  after 
thirty  days  suceeding  the  date  of  confirmation,  at  the  same  rate  and  be 
collected  in  like  manner  as  is  now  provided  by  law:  Provided,  that  any 
special  assessment  levied  for  building  sewers  and  laying  water  mains, 
may,  in  like  manner,  be  divided  into  not  exceeding  ten  instalments. 

197b.  Bonds  issuable  in  anticipation  of  collection  — interest 
— form  of.]  § 2.  That  for  the  jiurpose  of  anticipating  the  collection 
of  the  second  and  succeeding  instalments,  provided  for  in  the  next  pre- 
ceding section,  it  shall  be  lawful  for  such  corporate  authorities  to  issue 
bonds,  payable  out  of  said  instalments,  bearing  interest  at  the  late  of  not 
to  exceed  six  per  centum  per  annum,  payable  annually,  and  signed  by 
such  olTicers  as  may,  by  ordinance,  be  prescribed.  Said  bonds  shall  be 
issued  in  sums  of  $100  or  some  multiple  thereof,  but  shall  not  be  dated 
or  issued  until,  at  least,  ninety  days  after  the  first  instalment  out  of 
which  they  are  payable  begins  to  draw  interest.  Each  bond  shall  state, 
on  its  face,  out  of  which  instalment  it  is  payable  and  state,  by  number 
or  other  designation,  the  assessment  to  which  such  instalment  belongs. 
Such  bond  shall  not  exceed,  in  the  aggregate,  the  amount  of  such  de- 
ferred instalments  and  shall  be  divided  into  as  many  series  as  there  are 
deferred  instalments,  and  one  series  shall  become  due  in  one  year  from 
date,  the  second  series  in  two  years  from  date,  and  so  on  : Provided, 
the  corporate  authorities  issuing  such  bonds  may,  if  they  deem  it  for  the 
best  interests  of  the  property  owners,  make  such  bond  redeemable  at 
the  option  of  the  corporation  issuing  the  same  at  the  time  of  any  annual 
payment  of  interest,  on  twenty  days’  notice  being  given,  by  the  proper 
authorities,  in  a newspaper  published  in  the  county  in  which  the  corpo- 
ration issuing  such  bond  is  located ; and  such  bonds  may  be  in  substan- 
tially the  following  form : 


121b 


SrECiAii  AssES.SMK\'r  FOR  Local  JxMpkov'kments. 


STATE  OF  ILLINOIS. 
County  ok 


Series  name. 

ou  Bond  No. 

IMPROVEMENT  BOND. 

Tlie  of  , in  county,  Illinois,  for  value  received, 

jnomises  to  pay,  to  bearer,  on  the  day  of  a.  d.  , the  sum 

of  dollars,  with  interest  thereon,  from  date  hereof,  at  the  rate  of  per 

(•(■Ilium,  per  annum,  payable  annually,  on  presentation  of  the  coupon^  hereto  annexed. 

Both  principal  and  interest  of  this  b(^nd  are  payable  at  the  ofiice  of  the  treasurer 
of  said  of 

This  bond  is  issued  to  anticipate  the  collection  of  a part  of  the  instalment 

of  s])ecial  assessment  No.  , levied  for  the  purpose  of  , which  said 

instalment  bears  interest  from  the  day  of  a.  d.  , and  this  bond  and 

the  interest  thereon,  are  payable  solely  out  of  said  instalment  when  collected. 

Dated  this  day  of  , A.  d.  . 


Which  said  bonds  may  have  coupons  attached  to  represent  the  in- 
terest to  accrue  thereon.  Said  bonds  may  be  sold  or  paid  to  the  con- 
tractor having  the  contract  for  the  improvement  for  which  the  assess- 
ment was  levied,  at  not  less  than  their  par  value  and  interest  accrued  to 
time  of  delivery  whether  sold  or  paid  to  the  contractor. 

197c.  Definition,  “corporate  authorities.”]  §3.  Corporate  au- 
thorities, as  used  in  this  act,  shall  be  held  to  include  the  city  council  of 
cities  and  the  board  of  trustees  of  towns  and  villages,  and  the  body 
authorized  to  enact  ordinances  in  any  city,  town  or  village. 

I97d.  Assessment  payable  in  bonds.]  § 4.  Any  property 
owner  may  pay  his  assessment,  wholly  or  in  part,  with  the  bonds  issued, 
under  this  act,  on  account  of  such  assessment  and,  in  making  such  pay- 
ment, such  bonds  shall  be  taken  at  their  par  value  and  interest  accrued 
to  the  date  of  making  the  same.  All  bonds  received  in  payment  of 
such  assessment  shall  be  cancelled,  by  the  officer  receiving  the  same,  as 
of  the  date  of  their  receipt  and  deposited  with  the  treasurer  of  the  city, 
town  or  village  issuing  the  same. 


1.  The  statute  conferring  authority  on  villages  to  make  local  improvements  by 
special  assessment  131)  was  intended  to  confine  the  improvement  within  the  cor- 
porate limits.  Under  it  a village  has  no  power  to  make  improvements  in  territory 
outside  of  its  limits;  Cochran  v.  Park  Ridge,  138  111.,  299. 

— the  fact,  however,  that  a village  has  not  obtained  the  right  to  occupy  and  u.se  a 
highway  outside  of  its  limits  before  the  passage  of  an  ordinance  or  the  making  of  an 
assessment  for  a sewer,  will  not  invalidate  the  proceeding.  That  ma}^  be  done  later 
and  the  general  powers  conferred  on  commissioners  of  highways  are  broad  enough 
to  authorize  them  to  consent  to  any  act  which  may  benefit  the  highwa}" — as  the  con- 
struction of  a sewer  therein;  Cochran  v.  Park  Ridge,  138  111.,  302. 

— so,  if  in  the  construction  of  a .sewer  it  becomes  absolutely  necessary  to  acquire  an 
outlet  beyond  the  corporate  limits,  the  sewer  or  drain  may  extend  beyond  such  limits 
in  order  to  make  the  sewer  of  any  practical  utility,  without  violating  the  statute. 
Such  a sewer  is  regarded  as  an  improvement  within  the  village;  Cochran  v.  Park 
Ridge,  138  111.,  300. 

2.  A valid  ordinance  is  the  foundation  of  every  special  assessment  for  a local  im- 
provement— as  for  the  improvement  of  a street;  St.  John  v.  E.  St.  Louis,  136  111. 
213.  The  power,  vested  in  cities  and  villages,  to  make  improvements  b}-  special  as- 
sessment, or  taxation  or  both,  must  be  exercised  b}'  the  passage  of  an  ordinance  pre- 
scribing the  mode  to  be  pursued;  Adams  Co.  v.  Quincy,  130  111.,  579. 

3.  The  passage  of  an  ordinance  for  the  making  of  a public  local  improvement  is  e.s- 
sential  to  the  levy  of  a special  assessment  or  special  tax  on  property  to  be  benefited. 


Special  Assessment  fou  Local  Improvements.  124^ 


In  the  absence  of  such  an  ordinance  there  is  no  thing  on  whicli  tlie  proceeding  can 
rest;  Carlyle  v.  Clinton  Co.,  140  111,,  514. 

— iintd  an  ordinance  is  passed  for  such  improvement,  sj)ecifying  its  nature,  charac- 
ter, locality  and  giving  a proper  description,  the  commissioners  can  not  act  and  ascer- 
tain its  probable  cost.  This  is  recpiircd  for  the  protection  of  the  property  owner; 
Carlyle  v.  Clinton  Co.,  140  111.,  515. 

— until  an  ordinance  is  passed  for  the  making  of  the  improvement  no  expense  can 
be  incurred  wdiich  can  become  a charge  on  the  property  holder.  So,  an  ordinance 
I)assed  after  an  improvement  is  completed — not  for  the  making  thereof — for  the  levy 
of  a special  tax  for  the  payment  of  its  cost  is  void  and  can  not  form  a basis  for  such 
taxation;  Carlyle  v.  Clinton  Co.,  140  111.,  516. 

4.  A special  assessment  can  not  be  levied  for  a part  of  an  improvement  required  by 
an  ordinance,  nor  can  a special  assessment  be  levied  for  the  whole  after  a part  has 
been  abandoned;  St.  John  v.  E.  St.  Louis,  136  111.,  214. 

5.  An  ordinance,  providing  for  a local  improvement,  having  declared  that  it  shall 
be  paid  for  by  special  assessment  the  passage  of  a subsequent  ordinance  providing 
that  the  assessment  shall  be  payable  in  ten  annual  instalments  is  such  an  attempt  to 
change  a proposed  contract  as  wdU  justify  a bidder  in  refusing  to  execute  it;  Morgan 
Park  v.  Gahan,  35  111.  App.,  651. 

6.  An  advertisement,  published  by  a village,  for  bids  for  contracts  for  the  doing  of 
work  on  a local  improvement  wlr’ch  recites  that  “the  contracts  will  be  made  in  accord- 
ance with  the  village  ordinance,”  etc.,  and  that  payments  will  be  made  from  special  as- 
sessment moneys  only,”  will  put  a bidder  on  inquiry  of  and,  therefore,  charge  him 
with  notice  of  the  terms  of  the  ordinance  by  which  the  improvement  is  authorized. 
It  will  not,  however,  affect  him  with  notice  of  a subsequent  ordinance  providing  the 
method  in  which  the  special  assessment  shall  be  levied— as  that  the  assessment  shall 
be  levied  in  ten  annual  instalments;  Morgan  Park  n.  Gahan,  35  111.  App.,  650. 

7.  The  acceptance  of  a bid  for  the  construction  of  some  improvement,  the  cost  to 
be  paid  by  special  assessment,  will  not  confine  either  party  to  an  assessment  pre- 
viously levied  for  the  means  of  payment,  where  there  is  nothing  in  the  published  pro- 
posal for  bids  or  any  ordinance  indicating  that  the  contract  price  is  to  be  paid  by 
Linds  raised  by  any  pariicular  assessment;  Morgan  Park  v.  Gahan,  136  111.,  521. 

— for,  where  a contract  is  made  for  the  construction  of  an  improvement,  to  be  paid 
for  from  moneys  collected  by  special  assessment,  if  the  assessment  proves  illegal  after 
the  w'ork  is  completed,  the  municipal  authorities  are  bound  to  make  one  or  more  as- 
sessments to  raise  money  sufficient  to  pay  the  contract  price;  Morgan  Park  v.  Ga- 
han, 136  111.,  522. 

8.  Wherefore,  the  fact  that  an  assessment  made  for  the  payment  of  the  contract 
price  of  an  improvement  is  irregular,  or  even  void,  will  not  justify  a bidder  in  re- 
fusing to  fulfil  his  contract  to  enter  into  a contract.  If  he  refuses  to  proceed  beyond 
his  accepted  bid  he  will  forfeit  any  deposit  made  with  his  bid,  under  the  proposal  for 
bids;  Morgan  Park  v.  Gahan,  136  111.,  521. 

9.  In  vesting  the  power  to  make  local  improvements  “ by  special  assessment  or  by 
special  taxation  or  both,”  or  by  general  taxation  131),  the  language  of  the  statute 
is  not  direct^  to  the  mode  of  making  a single  improvement,  but  to  the  making  of 
improvements  in  the  plural  and  generally.  Its  purpose  is  to  vest  in  the  corporate 
authorities  power  to  make  them  in  both  of  the  designated  ways.  The  words  “or 
both  ” do  not  authorize  a city  or  village  to  combine  the  modes  in  a single  improve- 
ment. In  the  case  of  a single  unprovement  the  city  or  village  [must  decide,  by  ordi- 
nance, which  of  the  modes  it  will  pursue;  Kulhner  v.  Freeport,  143  111.,  101. 

10.  Commissioners  appointed  to  assess  a special  tax  for  a local  improvement  have 
naught  to  do  with  the  character  oji*  extent  of  the  improvement.  If  there  be  any  mis- 
take in  the  ordinance  specifying  the  nature,  character,  locality  and  description  of  the 
improvement  they  are  powerless  to  correct  it.  Their  sole  duty  is  to  assess  the 
amount  of  the  cost  on  the  abutting  property — in  the  case  of  a street  improvement, 
excluding  sh-eet  crossings.  Whether  the  improvement  provided  for  by  the  ordinance 
will  cover  the  whole  street  or  leave  a strip  unconstructed  is  a subject  which  does  not 
concern  them  and  on  which  they  have  no  power  to  act  (§  154);  Jefferson  Co.  v. 
Mt.  Vernon,  145  111.,  81. 

11.  The  commissioners  to  assess  the  cost  of  a local  improvement  are  required  to 
certify  the  roll  to  the  court  appointing  them,  at  least  ten  days  before  the  first  day  of 
the  term  at  wdiich  a final  hearing  thereon  shall  be  had  (§  150)-  All  the  subsequent 


Miscellaneous  Provision  — Water. 


124«1 


])r()C.r(;(lings  and  tlie  judgment  in  llu;  ense  are  i)r(!dieated  on  siudi  roll  or  report.  It 
follows  that  the  exi.stenee  of  the  roll  as  a part  of  the  record  and  files  of  the  court  is  a 
jurisdictional  fact;  witliout  which  the  court  has  neither  right  nor  authority  to  act  nor 
to  render  a judgment  against  the  properly  involved  in  the  j)ioceeding;  Morrison  v. 
Chicago,  142  111,,  062. 

12.  A county  court  has  no  jurisdiction,  at  a probate  term,  to  confirm  an  as.sessinent 
for  a special  tax  for  a local  imi)rovement  by  a city  or  village.  It  follows  that  an 
order  of  such  a court  at  a ])robate  term,  either  aflirming  or  setting  aside  such  an  as- 
.sessment  is  void  lOO);  Mt.  Carmel  v.  Friedrich,  141  111.,  372. 

13.  On  an  application  to  confirm  special  assessments,  for  a local  improvement,  only 
su(;h  objections  as  question  the  amount  of  l)enefits  returned  against  the  objectors 
premises  should  be  submitted  to  a jury  lOl).  So,  an  objection  that  the  land  had 
been  i)reviously  dedicated  to  the  public  for  a street  by  the  owners  thereof  and,  hence, 
the  condemnation  was  improper  presents  no  issue  to  be  submitted  to  a jury;  Gage  v. 
Chicago,  146  111.,  504. 

— so,  an  obj(‘('tion  that  the  description  of  the  land  condemned  is  illegal  and  void 
pre.s(*nts  a mere  (piestion  of  law.  In  such  case  the  question  is  to  be  decided  by  an 
inspection  of  the  record;  Gage  t.  Chicago,  146  111.,  502. 

ARTICLE  X. 

Miscellaneous  Provisions  — Water. 

Spxtion.  Section. 

198.  Water  — borrow  money.  202.  Maps  — approval  of. 

199.  Acquiring  property  for  water  works  203.  Inhabitants  competent  as  jurors  etc. 

-jurisdiction  thereof.  204.  Population  — census. 

200.  Regulations  — rates,  taxation  etc.  205.  “ Municipal  year 

201.  Tax  payer  may  enforce  rights  in  206.  City  or  village  need  not  give  appeal 

name  of  city  etc.  bond. 

1.  See  Additional  Laws — Water. 

198.  Water — borrow  money.]  Sec.  1.  The  city  council  or  board 
of  trustees  shall  have  the  power  to  provide  for  a supply  of  water  by 
the  boring  and  sinking  of  artesian  wells,  or  by  the  construction  and 
regulation  bf  wells,  pumps,  cisterns,  reservoirs  or  water  works,  and  to 
borrow  money  therefor,  and  to  authorize  any  person  or  private  cor- 
poration to  construct  and  maintain  the  same  at  such  rates  as  may  be 
fixed  by  ordinance,  and  for  a period  not  exceeding  thirty  years ; also, 
to  prevent  tlie  unnecessary  waste  of  water;  to  prevent  the  pollution 
of  the  water,  and  injuries  to  sucli  wells,  pumps,  cisterns,  reservoirs  or 
Avater  works. 

1.  The  statute  of  1873,  § 1,  leaves  the  village  authorities  unrestricted  as  to  the 
cost  or  means  whereby  a supply  of  water  shall  be  {>rovided  and  authorizes  the  bor- 
rowing of  money  needed  therefor;  to  that  extent  repealing  charter  limitations  in 
respect  of  loans;  Dutton  v.  Aurora,  114  111.,  142. 

2.  An  ordinance  for  a connected  system  of  water  works  for  the  whole  village,  pro- 
vides for  but  one  local  improvement.  It  is  not  invalid  as  embracing  separate  and 
distinct  improvements;  People  c.  Sherman,  83  111.,  165. 

199.  Acquiring  property  for  water  works — jurisdiction  thereof.] 

§ 2.  For  the  purpose  of  establishing  or  supplying  water  Avorks,  any 
city  or  village  may  go  beyond  its  territorial  limits,  and  may  take,  hold 
and  acquire  property  by  purchase  or  otherwise ; shall  have  power  to 
take  and  condemn  all  necessary  lands  or  property  therefor,  in  tlie  man- 
ner provided  for  the  taking  or  injuring  private  property  for  public 
uses  ; and  the  jurisdiction  of  the  city  or  village  to  prevent  or  punish 
any  pollution  or  injury  to  the  stream  or  source  of  water  or  to  such 


Miscellaneous  Provisions  — Water.  125 

water  works,  shall  extend  live  miles  beyond  its  corporate  limits,  or  so 
far  as  such  water  works  may  extend. 

1.  See  Additioual  Laws  — Emenent  Do.m.vin,  post, 

2.  Trustees  can  acquire  a lot  on  which  to  locate  buildings  and  pumping  works  for 
drainage  purposes  only  by  proceedings  to  condemn;  Hyde  Park  v.  Spencer,  118  111.,  449. 

200.  Regulations  — rates,  taxation  etc.]  § 3.  The  city  council 
or  board  of  trustees  shall  have  power  to  make  all  needful  rules  and 
regulations  concerning  the  use  of  water  supplied  by  the  water  works 
of  said  city  or  village,  and  to  do  all  acts  and  make  such  rules  and 
regulations  for  the  construction,  completion,  management  or  control  of 
the  water  works,  and  for  the  levying  and  collecting  of  any  water 
taxes,  rates  or  assessments,  as  the  said  city  council  or  board  of  trustees 
may  deem  necessary  and  expedient ; and  such  water  taxes,  rents,  rates 
or  assessments  may  be  levied  or  assessed  upon  any  lot  or  parcel  of 
ground,  having  a building  or  buildings  thereon,  which  shall  abut  or 
join  any  street,  avenue  or  alley  in  such  city  or  village  through 
which  the  distributing  pipes  of  such  water  works  (if  any)  of  said 
city  or  village  are  or  may  be  laid,  which  can  be  conveniently  sup- 
plied with  water  from  said  pipes:  Provided,  [whether]  the  water  shall 
be  used  on  such  lot  or  parcel  of  ground  or  not ; and  the  same,  when  so 
levied  or  assessed,  shall  become  a continuing  lien  or  charge  upon  such 
lot  or  parcel  of  ground,  buihiing  or  buildings,  situated  thereon,  and 
such  lien  or  charge  may  be  collected  or  enforced  in  such  manner  as  the 
city  council  may,  by  ordinance,  prescribe.  And  the  corporate  authori- 
ties may  levy  a general  tax  for  the  construction  and  maintenance  of 
such  water  works,  and  appropriate  money  therefor. 

1.  A regulation  requiring  citizens  to  lay  down,  at  their  own  expense,  necessary 
service  pipes  from  their  lots  to  the  main  water  pipes,  if  they  desire  to  use  the  water, 
is  reasonable.  Where  such  a regulation  exists,  the  fact  that  the  city,  at  the  time  of 
laying  the  main  pipes  and  for  the  purpose  of  avoiding  the  tearing  up  of  the  streets  in 
future,  lays  service  pipes  from  the  main  to  the  lots  abutting  on  the  street,  does  not 
entitle  any  citizen  to  the  free  use  of  them.  The  city  has  a right  to  require  lot  owners, 
wishing  to  use  such  service  pipe,  to  refund  the  cost  of  laying  it,  before  they  can  do 
so;  Prindiville  v.  Jackson,  79  111.,  237. 

2.  In  the  absence  of  any  law  exempting  county  property,  a water  tax  may  be 
assessed  against  the  same,  by  a city;  Cook  Co.  v.  Chicago,  103  111.,  6o0. 

201.  Tax  payer  may  enforce  rights  in  name  of  city  etc.] 

§ d.  A suit  may  be  brought  by  any  tax  payer,  in  the  name  and  for  the 
beneht  of  the  city  or  village,  against  any  person  or  corporation,  to 
recover  any  money  or  property  belonging  to  the  city  or  village,  or  for 
any  money  which  may  have  been  paid,  expended,  or  released  without 
authority  of  law  : Provided,  that  such  tax  payer  shall  file  a bond  for 

all  costs,  and  b’e  liable  for  all  costs  in  case  the  city  or  village  be  cast  in 
the  suit,  and  judgment  shall  be  rendered  accordingly. 

202.  Maps — approval  of.]  § 5.  The  city  council  or  board  of 
trustees  shall  have  power  to  provide,  by  ordinance,  that  any  map,  plat, 
or  subdivision  of  any  block,  lot,  sub-lot,  or  part  thereof,  or  of  any  piece 
or  parcel  of  land,  shall  be  submitted  to  the  city  council  or  board  of 
trustees,  or  to  some  officer  to  be  designated  by  such  council  or  board  of 
trustees,  for  their  or  his  approval ; and  in  such  cases  no  such  map,  plat 


l:'G 


Of  the  Organization  of  Villages. 


or  subdivision  shall  be  entitled  to  record  in  the  proper  county,  or  have 
any  validity  until  it  shall  have  been  so  approved. 

1.  The  general  statute,  in  regard  to  recorders,  provides  thus:  ^ 13.  It  shall  be  un- 
lawful for  any  recorder  to  record  any  map,  i)lat  or  sub-division  of  land  situated  in 
any  incorporated  city,  town  or  village,  until  the  same  shall  have  been  approved  by 
the  legislative  authority  of  the  city,  town  or  village  in  which  such  laud  may  be 
situated,  or  by  some  city,  town  or  village  ollicer  for  that  purpose  to  be  designated  by 
Hisolutiou  or  ordinance  of  said  legislative  authority.  For  each  and  every  violation 
of  this  section  by  any  recorder  or  his  deputy  or  employe,  such  recorder  shall  forfeit 
and  pay  to  the  county  the  sum  of  two  hundred  dollars,  to  be  recovered  in  any  court 
of  competent  jurisdiction,  in  the  name  of  the  state,  for  the  use  of  the  county,  in  an 
action  of  debt,  with  costs  of  suit. 

203.  Inhabitants  competent  as  jurors  etc.]  §6.  No  person  shall 
be  an  incompetent  judge,  justice  or  juror,  by  reason  of  his  being  an 
inhabitant  or  freeholder  in  said  city  or  village,  in  any  action  or  pro- 
ceeding in  which  said  city  or  village  may  be  a party  in  interest. 

204.  Population  — census.]  § 7.  Whenever  in  this  act  any  pro- 
vision thereof  is  based  upon  the  number  of  inhabitants,  [the  number 
of  inhabitants]  of  the  city  or  village  shall  be  determined  by  reference 
to  the  latest  census  taken  by  authority  of  the  United  States  or  this 
state,  or  of  such  city  or  village ; and  it  shall  be  the  duty  of  the  secretary 
of  state,  upon  the  publication  of  any  state  or  United  States  census,  to 
certify  to  each  city  or  village  the  number  of  inhabitants,  as  shown  by 
such  census.  Any  city  or  village  may.  by  ordinance,  provide  for  the 
taking  of  a census  of  the  pojnilation  thereof,  in  order  to  determine  the 
number  of  such  population  for  any  and  all  purposes  of  this  act.  And 
the  several  courts  in  this  state  shall  take  judicial  notice  of  the  popula- 
tion of  any  city  or  village,  as  the  same  may  appear  from  the  latest 
federal,  state,  city  or  village  census  so  taken. 

205.  “Municipal  year”.]  § 8.  The  term  “municipal  year”  shall  be 
construed  to  mean  the  period  elapsing  between  the  regular  annual 
elections,  unless  otherwise  provided  by  ordinance. 

1.  See  art.  7,  § 1,  as  to  the  “ fiscal  year  ”. 

206.  City  or  village  need  not  give  appeal  bond.]  .§  9.  When  in 
any  suit  the  city  or  village  prays  an  appeal  from  the  judgment  of  any 
court  of  this  state  to  a higher  court,  it  shall  not  be  required  to  furnish 
an  appeal  bond. 

1.  Statute  relieving  municipalities  from  bond  on  appeal  is  valid;  Holmes  v.  Mat- 
toon,  111  111.,  28. 

2.  A municipal  corporation  may  sue  without  bond;  but,  not  without  appeal  allowed; 
Chester  v.  Wilson,  15  App.,  239. 


ARTICLE  XL 

Of  the  Organization  of  Villages. 

Section.  Section. 

207.  By  incorporated  towns  or  discon-  210.  Returns  — canvass  — record. 

nected  territory.  211.  Result  — old  officers  continue. 

208.  Ballot.  212.  New  organization,  how  effected. 

209.  Changing  from  city  to  village.  213.  Petition  — election  — returns. 


Of  the  Organization  of  V^illages. 


127 


Section.  Section. 

214.  Result — election  of  officers,  etc.  221.  Annual  election. 

215.  Trustees — corporate  name — powers.  222.  Annual  election. 

21 G.  Election  and  powers  of  president.  223.  Suits  — jurisdiction  — fines  etc. 

217.  Powers  of  president  and  trustees.  224.  Police  magistrates. 

218.  Style  of  ordinances.  225.  Election  of  police  magistrates — juris- 

211).  Appointment  of  officers— duties,  etc.  diction  and  fees. 

220.  Powers  of  constable.  226.  No  incorporation  under  prior  laws. 

207.  Incorporated  town  or  disconnected  territory.]  § 1.  Any 

town  in  this  state  incorporated,  either  under  a genend  law  for  the  in- 
corporation of  towns  and  acts  amendatory  thereof  or  under  any  special 
act  for  the  incorporation  of  any  town  or  village,  or  any  town  which  may 
be  organized  out  of  territory  which  may  be  disconnected  from  any  in- 
corporated town  under  the  provisions  of  an  act  entitled  ‘‘  An  act  to 
provide  for  the  division  of  incorporated  towns  ” may  become  organized 
as  a village  under  this  act  in  the  manner  following:  Whenever  any 
thirty  voters  in  such  town  shall  petition  the  corporate  authorities  thereof 
to  submit  the  question  whether  such  town  will  become  organized  as  a 
village  under  this  act  to  the  decision  of  the  legal  voters  thereof,  it  shall 
be  the  duty  of  such  corporate  anthorties  to  submit  the  same  accordingly 
and  to  fix  a day  and  place,  within  such  town,  for  holding  such  election 
and  to  appoint  the  judges  to  hold  such  election  and  to  give  notice  of 
the  time,  place  and  purpose  of  such  election,  by  causing,  at  least,  five 
notices  thereof  to  be  posted  in  such  town,  at  least,  fifteen  days  prior  to 
holding  such  election. 

See  § 265a  for  the  statute  specially  referred  to. 

1.  Where  a proper  petition,  by  the  voters  in  a town  existing  under  a special  char- 
ter, is  presented  for  incorporation  as  a village,  under  this  statute,  there  is  no  dis- 
cretion in  the  trustees  to  determine  whether  or  no  it  shall  he  granted.  In  such  case 
the  duty  is  to  act  on  it  at  the  earliest  convenience,  and  proceed  to  take  steps  for  the 
election;  Glencoe  v.  People,  78  111.,  382. 

208.  Ballot.]  § 2.  Each  qualified  voter,  resident  within  such  town 
or  proposed  village,  shall  have  the  right  to  cast  a ballot  at  such  election, 
with  the  words  thereon,  “ For  village  organization  ubder  the  general 
law,”  or  “Against  village  organization  under  the  general  law.” 

An  act  to  amend  an  act  entitled  “ An  act  to  provide  for  the  incorpora- 
tion of  cities  and  villages,”  approved  April  10th,  A..  D.  1872,  in  force 
July  1,  1872.  [Approved  May  29,  1879.  L.  1879,  p.  68. 

Sec.  1.  That  the  said  act  entitled,  “An  act  to  provide  for  the  incor- 
poration of  cities  and  villages”,  be  amended  by  adding  the  following 
section  thereto : 

209.  Changing  from  city  to  village.]  § 2.  That  it  shall  be  the 
duty  of  the  mayor  and  common  council  of  any  city,  upon  the  petition 
of  one-fourth  of  the  legal  voters  thereof,  and  upon  ten  days  previous 
notice  of  such  application  by  the  city  clerk  published  in  some  news- 
paper printed  in  said  city,  or  by  posting  such  notices  in  five  of  the 
most  public  places  within  said  city,  for  said  period  in  case  no  such 
newspaper  is  printed  in  said  city,  to  fix  the  time  and  call  an  election  to 
decide  whether  said  city  shall  be  organized  into  a village.  That  said 
election  shall  be  governed  by  the  provisions  of  sections  fifty  (50),  fifty- 
six  (56)  and  fifty-seven  (57)  of  said  act,  and  the  legal  voters  at  said 


Of  the  Organization  of  Villages. 


las 

election  sliall  vote  for  or  a<j^ainst  tlie  organization  of  said  city  into  a 
village,  and  the  tickets  shall  be  written  or  printed  “ For  Village  Organ- 
ization ”,  or  “Against  Village  Organization  ”,  and  if  there  shall  he  a 
majority  of  the  votes  cast  at  said  election  in  favor  of  the  organization 
of  said  city  into  a village,  then  said  city  sliall  be  a village  within  the 
meaning  of  said  act  under  its  former  name  so  changed,  and  shall  suc- 
ceed to  all  the  rights  and  be  liable  for  all  the  debts  and  legal  liabilities 
of  said  city,  and  the  mayor  of  said  city  shall,  within  ten  days  after 
said  election,  give  notice  of  the  time  and  place  for  the  election  of 
trustees  as  near  as  may  be,  as  provided  for  under  sections  one  hundred 
and  eighty-four  (184)  and  one  hundred  and  eighty-five  (185)  of  said 
act,  who  shall  hold  their  offices  until  the  next  regnbo*  election  : Pro- 

vided, that  after  one  election  shall  have  taken  place,  no  other  election 
for  a like  purpose  until  one  year  shall  have  ela]>sed. 

210.  Returns  — canvass  — record.  1 § 3.  The  judges  of  such  elec- 

tion shall  make  returns  thereof  to  the  pi’esident  and  trustees  of  the 
town,  as  soon  as  practicable  after  such  election  is  held ; and  it  shall  be 
the  duty  of  the  president  and  trustees  to  canvass  such  returns,  and  caiue 
a statement  of  the  result  of  such  election  to  be  entered  upon  the  records 
of  the  town. 

21 1.  Result  — old  officers  continue  until  etc.]  §4.  If  a majority 
of  the  votes  cast  at  such  election  are  for  village  organization  under  the 
general  law,  such  town  shall,  from  thenceforth,  be  deemed  to  be  duly 
incorporated  as  a village  under  this  act ; but  the  town  officers  then  in 
office  shall  continue  as  like  oliicers  of  such  village  until  their  successors 
shall  be  elected  or  appointed  under  the  provisions  of  this  act. 

212.  New  organization  — how  effected.]  § 5.  Whenever  any  area 

of  contiguous  territory,  not  exceeding  two  square  miles,  shall  have  re- 
sident thereon  a population  of  at  least  three  hundred  inhabitants,  and 
which  territory  is  not  included  within  the  limits  of  any  incorporated 
town,  village  or  city,  the  same  may  become  incorporated  as  a village, 
under  this  act,  in  the  manner  following : Any  thirty  legal  voters  resi- 

dent within  the  limits  of  such  proposed  village  may  petition  the  county 
judge  of  the  county  in  which  they  reside,  to  cause  the  question  to  be 
submitted  to  the  legal  voters  of  such  proposed  village,  whether  they 
will  organize  as  a village  under  this  act.  And,  if  the  territory  descilbed 
in  said  petition  shall  be  situated  in  more  than  one  county,  then  the 
petition  shall  be  addressed  to  the  judge  of  the  county  court  of  the 
county  where  a greater  part  of  such  territory  is  situated.  Such  petition 
shall  be  addressed  to  the  county  judge,  contain  a definite  description 
of  the  lands  intended  to  be  embraced  in  such  village,  the  number  of 
inhabitants  resident  therein,  and  the  name  of  such  proposed  village. 

1.  See  art,  10,  § 7,  as  to  tlie  enumeration  of  population. 

213.  Petition  — election  — returns.]  §6.  Upon  the  filing  such 
petition  in  the  office  of  the  county  clerk,  it  shall  be  the  duty  of  such 
judge  to  perform  the  same  duties  in  refereiu'e  to  fixing  the  time  and 
place  of  such  election,  giving  notice,  appointing  judges  thereof,  as  is 


Of  Till-:  Organization  of  Villages. 


129 

above  required  to  be  performed  by  the  president  and  trustees  in  towns 
already  incorporated.  The  returns  of  sucli  election  shall  he  made  to 
the  county  judge,  who  shall  call  to  his  assistance  any  two  justices  of  the 
peace,  and  canvass  such  returns,  and  cause  a statement  of  the  result  of 
such  election  to  be  entered  upon  the  records  of  the  county  court.  The 
second  section  of  this  article  shall  be  applicable  to  such  election. 

1.  Ou  bill  to  contest  an  election  for  organizing  certain  territory  into  a village,  it  is 
not  enougli  to  make  certain  private  individuals  residing  in  the  territory,  alleged  to 
have  been  the  principal  promoters  of  the  scheme,  parties  defendant  — they  can  not 
represent  the  public.  If  it  is  impossible  to  make  the  village  a party,  by  reason  of  the 
non  election  of  officers,  a proper  representative  of  the  public  should  be  made  a party 
— or  the  corporation  will  not  be  bound  by  decree;  Lusk  v.  Thatcher,  102  111.,  61. 

214.  Result  — election  of  officers  etc.]  § 7.  If  a majority  of  the 
votes  cast  at  such  election  is  for  village  organization  under  the  general 
law,  such  proposed  village,  with  the  boundaries  and  name  mentioned 
in  the  petition,  shall  from  thenceforth  be  deemed  an  organized  village 
under  this  act,  and  the  county  judge  shall,  thereupon,  call  and  fix  the 
time  and  place  of  an  election  to  elect  village  officers,  and  cause  notice 
thereof  to  be  posted  or  published,  and  perform  all  other  acts  in  refe- 
rence to  such  election,  in  like  manner,  as  nearly  as  may  be,  as  he  is 
required  to  perform  in  reference  to  the  election  of  officers  in  newly  or- 
ganized cities.  But,  the  term  of  office  of  trustees  elected  at  such  elec- 
tion shall  terminate  as  soon  as  their  successors  are  elected  and  qualified, 
at  the  regular  annual  election. 

215.  Trustees — corporate  name — powers.]  § 8.  In  each  village 

organized  under  this  act,  there  shall  be  elected  by  the  qualified  electors 
therein  six  trustees,  who  shall  hold  their  office  until  their  successors 
are  elected  and  qualified.  At  the  first  election  held  hereafter  there 
shall  be  elected  the  full  number  of  trustees.  At  the  first  meeting  of 
the  board  of  trustees  held  after  said  first  election,  the  trustees  elected 
shall  be  divided  by  lot  into  two  classes;  those  of  the  first  class  shall  con- 
tinue in  office  for  one  year,  and  those  of  the  second  for  two  years,  from 
the  date  of  the  annual  election  for  that  municipal  year,  and  annually 
thereafter  there  shall  be  elected  three  trustees,  who  shall  hold  their 
office  for  tlie  term  of  two  years,  and  until  their  successors  are  elected 
and  qualified.  The  trustees  shall  choose  one  of  their  own  number  presi- 
dent ; and  such  village  shall,  from  the  time  of  the  first  election  held  by 
it,  under  said  act,  be  considered  in  law  and  equity  a body  corporate  and 
politic,  by  the  name  and  style  of  The  village  of  ”,  and  by 

such  name  and  ^tyle  may  sue  and  be  sued,  contract  and  be  contracted 
with,  acquire  and  hold  real  and  personal  property  necessary  for 
corporate  purposes,  adopt  a common  seal  and  alter  the  same  at  pleasure, 
and  possess  all  other  powers  as  a corporation  in  this  act  conferred  upon 
cities  not  exceeding  five  thousand  inhabitants,  except  as  herein  other- 
wise expressly  provided.  And  wherever  the  words  “city  council”  or 
“ mayor  ” occur  in  this  act,  the  same  shall  be  held  to  apply  to  the  trus- 
tees and  president  of  such  village,  so  far  as  the  same  may  be  applicable. 
[As  amended  by  act  approved  May  25,  1879.  In  force  July  1,  1879. 
L.  1879,  p.  67. 

17 


130 


Of  the  Organization  of  Villages. 


1.  'I'he  general  incorporation  law  does  not  apply  to  trustees  the  provisions  as  to  the 
qualifications  of  city  aldermen;  People  v.  Hamilton,  24  Aj)p.,  009, 

2.  Property  of  an  incorporated  village  is  held  by  the  corporate  authorities  for  the 

use  of  the  public,  any  unlawful  interference  witli  it,  calculated  to  inflict  irreparable 
injury  upon  community,  is  clearly  matter  for  relief  in  equity;  Hyde  Park  v.  Chicafro. 
124  111.,  100.  ^ 

An  act  concerning  villages  and  incorporated  towns.  [Approved  June 
9,  1887.  In  force  July  1,  1887.  L.  1887,  p.  116. 

216.  Election  and  powers  of  president.]  Sec.  1.  In  addition  to 
the  trustees  and  officers  required  by  law,  a president  of  each  and 
every  village  and  incorporated  town  shall  hereafter  be  elected  annually 
by  the  voters  of  such  village  or  town,  at  the  regular  election  of , such 
village  or  town,  commencing  with  the  election  of  such  village  or  town 
held  in  the  year,  A.  D.,  1888,  and  such  president  of  any  village  or  in- 
corporated town  shall  hold  his  office  for  the  term  of  one  year  and  until 
his  successor  is  elected  and  qualified.  The  president  of  any  village  or 
incorporated  town  shall  be  president  of  the  board  of  trustees  thereof, 
and  shall  preside  at  all  meetings  of  said  board,  and  shall  have  tlie  same 
powers  and  ])erform  the  same  duties  as  are  or  may  be  given  by  law  to 
the  |)resident  of  boards  of  trustees  in  villages,  but  lie,  also,  shall  not  vote 
except  ill  case  of  a tie,  when  he  shall  give  the  casting  vote. 

217.  Powers  of  president  and  trustees.]  § 9.  The  president  of  the 
boaixl  of  trustees  shall  jierform  tlie  duties  and  exercise  the  powers  con- 
ferred upon  the  mayor  of  a city  and  shall  receive,  as  compensation  there- 
for, a salary  to  be  fixed  by  the  board  of  trustees,  which  salary  shall  in  no 
case  exceed  two  thousand  dollars  ($2,0U0)  per  annum.  And  the  trus- 
tees shall  perform  the  duties  and  exercise  all  th^  powers  conferred 
upon  aldermen  in  cities;  and  the  president  and  board  of  trustees  may 
exercise  the  same  powers  conferred  upon  the  mayor  and  city  council  of 
cities,  and  pass  ordinances  in  like  manner.  The  president  of  the  board 
of  trustees  may  exercise  the  same  veto  powers,  and  with  like  effect,  as 
the  mayor  of  a city ; and  the  board  of  trustees  may  pass  ordinances 
over  such  veto  in  like  manner  as  a city  council.  [As  amended  by  act 
approved  and  in  force  May  22,  1889.  L.  1889,  p.  84. 

1.  This  section,  as  to  trustees  of  village,  does  not  make  applicable  section  5 of  ar- 
ticle 3 as  to  the  qualifications  of  aldermen  of  cities;  People  v.  Hamilton,  24  App.,  GOO. 

2.  This  section  does  not  repeal  a charter  of  a cemetery  association  of  May  7,  1867, 
exempting  its  lands  from  being  taken  for  road  or  street  purposes,  although  the  ceme- 
tery lies  within  an  incorporated  village;  llvde  Park  v.  Oak  wood  C.  xVssoc.,  119  111. 
144. 

218.  Style  of  ordinances.]  § 10.  The  style  of  ordinances  passed 

in  villages  shall  be  as  follows  : Be  it  ordained  by  the  president  and 

board  of  trustees  of  the  village  of  ”,  (as  tlie  case 

may  be). 

219.  Appointment  of  officers  — prescribe  duties  and  fees.] 

g 11.  The  president  and  board  of  trustees  may  appoint  a clerk  pro 
tempore,  and  whenever  necessary  to  fill  vacancies ; and  may  also  ap- 
point a ti’easurer,  one  or  more  street  commissioners,  a village  constable, 
and  such  other  officers  as  may  be  necessary  to  carry  into  effect  the 
powers  conferred  upon  villages,  to  prescribe  their  duties  and  fees,  and 


Of  the  Organization  of  Villages.  J3J 

require  sucli  officers  to  execute  bonds  as  may  be  prescribed  by  ordi- 
nance. 

220.  Powers  of  constable.]  § 12.  Tlie  village  constable  shall  have 
the  same  powers  to  make  arrests,  execute  process,  and  perform  other 
official  acts  as  other  constables  under  the  general  laws  of  the  state, 
together  with  such  other  powers  as  may  be  conferred  on  him  by  ordi- 
nance. 

221.  Annual  election.]  § 13.  The  annual  election  for  trustees  as 
provided  in  section  eight,  and  for  a clerk  of  the  village,  shall  be  held 
on  the  third  Tuesday  in  April  of  each  year,  and  special  elections  may 
be  held,  under  such  regulations  as  may  be  provided  for  by  ordinance, 
to  till  vacancies  in  any  office  elective  at  the  annual  election,  and  for 
other  purposes.  [As  amended  by  act  approved  May  28,  1^79.  In 
force  July  1,  1879.  L.  1879,  p.  67. 

222.  Annual  election.]  § 13.  An  annual  election  for  three  trustees 

and  a clerk  of  villages  shall  be  held  on  the  third  Tuesday  of  x\pril  in 
each  year ; Provided,  that  in  villages  the  territorial  limits  of  which 
coincide  with  the  territorial  limits  of  any  township,  an  election  for  the 
trustees  and  a clerk  of  villages  shall  be  held  at  the  same  time  and  at  the 
same  polling  places  as  the  annual  township  election,  to  wit  : On  the 

first  Tuesday  of  April  in  each  year.  Special  elections  may  be  held, 
under  such  regulations  as  may  be  provided  by  ordinance,  to  fill  vacan- 
cies and  for  other  purposes.  [As  amended  by  act  approved  and  in 
force  March  11,  1881.  L.  1881,  p.  59. 

1.  The  last  two  preceding  sections  do  not  seem  to  have  been  passed  on  by  the  re- 
viewing court. 

2.  Under  the  general  law,  for  the  incorporation  of  towns  (R.  8.,  1845,  ch.  25),  the 
people  elect  the  trustees  of  the  town  and  the  trustees  elect  one  of  their  own  number  • 
as  president  (see  ii;  8,  ante);  neverthele.ss  in  giving  notice  for  an  election  it  is  proper 
that  the  purpose  designated  shall  be  to  elect  a board  of  “president  and  trustees”; 
People  V.  Fairburg,  51  111.,  149. 

3.  See  § 216,  supra,  as  to  election  of  president  of  trustees. 

223.  Suits— jurisdiction— fines  etc.]  § 14.  Suits  aud  prosecutions 

for  the  violations  of  any  village  ordinance  may  be  prosecuted  in  the  name 
of  The  village  of  ”,  and  justices  of  tlie  peace  and 

police  magistrates  shall  have  jurisdiction  over  such  suits;  and  all  fines 
and  money  so  collected  shall  be  paid  in  to  the  village  treasury. 

1.  The  adoption  of  the  constitution,  of  1870,  placed  police  magistrates  in  the  same 
grade  with  justices  of  the  peace;  Brown  i\  Jerome,  102  111.,  372. 

224.  Police  magistrates.]  § 15.  There  may  be  a police  magistrate 
elected  at  a regular  annual  election  in  each  village,  who  shall  give  bonds, 
qualify,  and  have  the  same  jurisdiction  as  other  justices  of  the  peace, 
and  hold  his  office  for  four  years,  and  until  his  successor  is  elected  and 
qualified. 

1.  Police  magistrates  can  have  no  greater  jurisdiction  than  justices  of  the  peace, 
under  the  constitution  of  1870;  Phillips  v.  Quick,  63  111.,  445. 

2.  A police  magistrate  is  a justice  of  the  peace;  Lewiston  v.  Proctor,  23  111.,  533. 

3.  A police  magistrate,  in  a village  situate  in  two  counties,  held  office  twelve  years, 
duly  commissioned;  his  office  was  in  one  county  where  his  dockets  were  kept,  he  re- 


Ol-'  tup:  OliGANIZATIOK  OF  VILLAGES. 


si(l(Hl  in  tlin  otlier  county;  an  oIiic(;r  (U;  facto  in  the  for*ier  to  take  a valid  acknowledg- 
nuMit;  Mclson  v Kessingtu-,  Hi  Apj).,  188. 

d.  A])i)(‘al  lie.s  Iroiu  a police  magistral!  to  the  circuit  court;  Newberry  v.  Bowen. 
20  A pp.,  015. 

An  act  to  authorize)  the  eiection  of  police  magistrates  in  towns,  cities 

and  villages  whei-e  the  same  are  not  now  pi-ovided  for  by  law.  [Ap- 

]>roved  and  in  force  April  18,  1875.  L.  1875,  p.  91. 

225.  Election  — term  of  office — jurisdiction  and  fees.]  §1.  All 
towns,  cities  and  villages  in  the  state  which  have  been  incorporated 
under  charters  granted  by  special  acts,  or  under  a general  act,  when  the 
law  under  which  they  are  incorporated  does  not  authorize  the  election 
of  a ])olice  magistrate,  be  and  they  are  hereby  authorized  to  elect  one 
])olice  magistrate  at  the  hi-st  annual  election  of  town,  city  or  village 
officers  that  shall  occur  after  the  passage  of  this  act,  and  quadrennially 
thereaftei’.  Such  police  iiiagisti*ate  shall  hold  their  offices  for  the  same 
term,  be  commissioned  and  qnalitied,  and  have  the  same  jurisdiction  and 
fees,  as  police  magistrates  of  villages  have  under  the  general  law  for  the 
incor])oration  of  cities  and  villages. 

1.  See  Additional  Laws  — City  Courts. 

226.  No  incorporation  allowed  under  prior  laws.]  § 16.  After 
the  taking  effect  of  this  act,  no  town  or  city  shall  become  incorporated 
under  any  other  general  law  then  in  force  for  tlie  incorporation  of  towns 
or  cities. 

1.  The  duties  imposed  by  this  statute  on  the  county  judge  in  i-espect  of  the  steps  to 
be  taken  for  the  organizaiion  of  a village  are  not  jud.cial  duties.  His  acts  in  this 
respect  are  purely  ministerial;  Owners  v.  People,  il8  111.,  29G;  Peoi)le  v.  Nelson, 
138  111.,  5G5;  Kamp  v.  Peo|de,  141  111.,  16.  Therefore,  his  action  in  calling  an  election 
for  village  trustees  has  not  the  conclusive  effect  of  a judgment.  He  decides  nothing, 

, and,  tiierefore  the  validity  of  the  organization  is  openfo  attack  and  maybe  ques- 
tioned by  quo  warranto;  Kamp  v.  People,  141  111.,  16. 

2.  Where  the  validity  of  the  organization  of  a village  is  contested,  by  quo  warranto, 
those  exercising  corporate  acts  must  justify  and,  in  doing  so,  must  in  their  answer 
state  particulaily  the  organization.  This  can  not  be  done  without  stating  the  juris- 
dictional fact  of  the  residence  of  at  least  three  hundred  inhabitants  in  the  territory 
composing  the  village.  The  people  are  not  bound  to  show  any  thing;  Kamp  v. 
People,  141  111.,  16. 

— the  failure  of  the  defendants  to  set  up,  by  answer,  the  residence  of  the  requisite 
number  of  inhabitanls,  on  no  principle  will  excuse  them  from  proving  that  fact,  that 
being  essen  ial  to  their  justitication;  Kamp  i\  People,  141  111.,  16. 

3.  In  such  a p oceeding  the  relator  may  reply  to  the  plea,  setting  out  the  proceed- 
ings to  incor])orate,  that  at  the  time  of  the  tiling  of  the  petition  with  the  county  clerk 
there  was  not  within  the  territory  designated  a population  of  at  least  three  hundred 
inhabitants,  as  required  by  statute,  and  such  replication  will  be  good  on  demurer; 
Poor  t'.  People,  142  111,,  314. 

4.  A state’s  attorney,  1)}^  introducing  in  evidence  the  petition  for  the  organization, 
for  the  purpose  of  contradicting  the  recital  therein  that  the  territory  incor])orate(l 
contained  three  hundred  inhabitants,  such  evidence  not  being  necessary  on  his  part, 
is  not  thereby  estopped  from  introducing  testimony  to  contradict  such  recital.  He 
may  show,  by  parol  evidence,  that  the  re^quisite  population  was  w'anting  and  thus  de- 
feat the  incorporation;  Kamp  v.  People,  141  111.,  16, 


ADDITIOML  LAWS. 


1.  Agriculture  — marketing  produce. 

2.  Aliens. 

3.  Animals. 

4.  Annexing  and  excluding  territory. 

5.  Cemeteries. 

6.  Change  of  name. 

7.  City  courts. 

8.  Drainage  and  sewerage. 

9.  Elections. 

10.  Eminent  domain. 

11.  Evidence. 

12.  Ferries  and  bridges. 

13.  Fire  escapes. 

14.  Horse  and  dummy  railroads. 

15.  Houses  of  correction. 

16.  Insurance. 

17.  Landings  and  levees. 

18.  Libraries. 


19.  Liquor  law. 

20.  Officers. 

21.  Oil  inspection. 

22.  Parks. 

23.  Plats. 

24.  Policeman’s  and  fireman’s  fund. 

25.  Public  buildings 

26.  Railroad  aid. 

27.  Railroads. 

28.  Revenue. 

29.  Riot. 

30.  Roads  and  bridges. 

31.  Sale  of  property. 

32.  Schools. 

33.  Streets. 

34.  Telegraph  companies. 

35.  Township  organization. 

36.  Water  works. 


1.  AGKICULTURE  — MARKETING  PKODUCTS. 

Section. 

227.  Farmer  etc.  may  sell  products  without  license. 

All  act  for  tlie  protection  of  farmers,  fruit  growers,  vine  growers 
and  gardeners.  [Approved  January  13,  1872.  In  force  July  1, 
1872^  R.  S.,  1874,  ch.  5,  § 27. 

227.  Farmer  etc.  may  sell  products  without  license.]  §1.  Beit 
enacted  Ijy  the  ])eople  of  the  state  of  Illinois,  represented  in  the  general 
asseinhlij^  That  every  farmer,  fruit  and  vine  grower,  and  gardener,  shall 
have  an  undisputed  right  to  sell  the  produce  of  his  farm,  orchard,  vine- 
yard and  gauden  in  any  place  or  market  where  such  articles  are  usually 
sold,  and  in  any  quantity  he  ma}"  think  proper,  without  paying  any 
state,  county  or  city  tax,  or  license,  for  doing  so,  any  law,  city  or  town 
ordinance  to  the  contrary  notwithstanding:  Provided,  that  the  corpo- 
rate authorities  of  any  such  city,  town  or  village  may  prohibit  the  ob- 
struction of  its  streets,  alleys  and  public  places  for  any  such  purpose: 
And,  provided,  further,  that  nothing  in  this  act  shall  be  so  construed 
as  to  authorize  the  sale  of  spirituous,  vinous  or  malt  liquors,  contrary 
to  laws  which  now  are  or  hereafter  may  be  in  force  prohibiting  the  sale 
thereof. 


J34 


Aliens. 


2.  ALIENS. 


Section.  Section. 

228.  Employment  of  aliens  in  public  ser-  281.  False  certificates  avoid  contracts  and 

vice  etc.  prohibited.  forfeit  wages, 

229.  Ein])loyes  on  ])ublic  work  must  show  232.  Employes  employed  to  the  contrary 

citizenship  or  declaration  of  inten-  to  be  discharged. 

tion.  233.  Failure  to  take  out  final  papers. 

230.  Money  paid  to  the  contrary  — dis- 

bursing officer  liable. 

An  act  to  protect  the  labor  of  native  and  naturalized  citizens  and  • 
of  those  who  have  in  good  faith  declared  their  intentions  to  become 
naturalized  American  citizens.  [Approved  June  1,  188b.  In  force 
July  1,  1889.  L.  1889,  p.  2. 

228.  Employment  of  aliens  in  public  service  etc.  prohibited.  | 

§ 1.  Be  it  enacted  hy  the  j^eople  of  the  state  of  Illinois^  represented  in 
the  general  assernhly^  That  it  shall  be  unlawful  for  any  board  or  com- 
mission, or  any  officer  or  other  person  acting  for  the  state,  or  for  any 
county,  towjiship,  city,  village,  district  or  other  municipality  in  the 
state,  or  any  contractor  or  sub-contractor,  under  any  or  either  of  said 
municipalities,  to  employ  any  person  or  persons,  other  than  native  bom 
or  naturalized  citizens  or  those  who  have  in  good  faith  declared  their 
intentions  to  become  citizens  of  the  United  States,  when  such  employes 
are  to  be  paid,  in  whole  or  in  part,  directly  or  indirectly,  out  of  any 
funds  raised  by  taxation. 

229.  Employes  on  public  work  must  show  citizenship  or  decla- 
ration of  intention.]  § 2.  It  shall  be  the  duty  of  any  person  or  per- 
sons employing  labor  or  other  services,  to  be  paid  for,  in  whole  or  in 
part,  directly  or  indirectly,  out  of  any  funds  raised  by  taxation,  to  file 
with  the  treasurer  or  disbursing  officer  of  such  funds  a certificate  show- 
ing to  the  best  of  his  knowledge  and  belief  that  the  persons  so  em- 
])loyed,  and  on  whose  account  payment  is  to  be  made  out  of  such  public 
funds,  are  citizens  of  the  United  States,  or  have  in  good  faith  declared 
their  intentions  to  become  such  citizens,  or  are  of  such  age  or  sex  that 
they  can  not  declare  their  intentions  to  become  citizens,  or  can  not  be 
formally  declared  to  be  citizens  by  an  order  of  a court  of  record. 

230.  Money  paid  to  the  contrary  — disbursing  officer  liable.] 

§ 3.  Anv  treasurer  or  disbursing  officer  who  shall  knowinglv  or  wil- 
fully  pay  out  any  of  the  funds  in  his  hands,  raised  by  taxation,  to  any 
person  not  a native  born  or  naturalized  citizen,  or  who  has  not  in  good 
faith  declared  his  intentions  to  become  a citizen,  for  labor  oi' any  other 
services,  shall  be  liable  to  the  municipality  to  which  such  funds  be- 
longed for  the  amount  so  paid,  to  be  recovered  in  any  court  of  compe- 
tent jurisdiction  : Provided,  that  when  such  payment  is  made  on  the 
requisite  certificate  of  the  employer,  no  liability  shall  attach  to  such 
treasurer  or  disbursing  officer. 

231.  False  certificates  avoid  contracts  and  forfeit  wages.) 

§ 4.  Any  employer,  contractor  or  sub-contnuUor,  oi*  othci*  ])CJ’sun, 


Animals. 


135 


whose  employes  are  to  be  paid  in  whole  or  in  part,  directly  or  indirectly, 
from  funds  raised  by  taxation,  who  shall  knowingly  or  negligently 
make  false  certificate  that  said  employes  are  native  or  naturalized  citi- 
zens, or  have  declared  their  intentions  to  become  citizens  for  the  pur- 
pose of  drawing  such  funds  or  any  part  thereof,  shall  be  personally 
liable  to  the  municipality  to  which  such  funds  belonged  for  the  amount 
so  drawn,  and  any  alien  who  earns  wages,  the  pay  for  which  is  to  come 
out  of  any  such  public  funds  by  falsely  representing  that  he  is  a native 
or  naturalized  citizen,  or  has  declared  his  intention  to  become  a citizen, 
shall  forfeit  the  amount  so  earned.  Such  contract  is  declared  null  and 
void. 

232.  Employes  employed  to  the  contrary  to  be  discharged.] 

§ 5.  Whenever  any  employer,  contractor  or  sub-contractor,  by  written 
or  oral  information,  or  from  any  source  has  reason  to  believe  that  he  has 
in  his  employ  persons  other  than  native  or  naturalized  citizens,  or  those 
who  have  in  good  faith  declared  their  intentions  to  become  citizens, whose 
pay  is  to  be  drawn  in  whole  or  in  part,  directly  or  indirectly  from 
such  public  funds,  he  shall  at  once  inv^estigate  the  matter,  and  if  he  shall 
find  said  information  to  have  been  correct,  he  shall  discharge  such 
employe  or  employes;  and,  a failure  to  do  so  shall  render  him  liable  to 
the  municipality  to  which  such  funds  belonged  for  any  of  such  funds 
paid  to  such  alien  for  labor  or  services  performed  after  such  discovery. 

233.  Failure  to  take  out  final  papers.]  § H.  In  all  cases  where  an 
alien,  after  filing  his  declaration  of  intention  to  become  a citizen  of  the 
United  States,  shall,  for  the  space  of  three  months  after  he  could  law- 
fully do  so,  fail  to  take  out  his  final  papers  and  complete  his  citizenship, 
such  failure  shall  be  prinia  facie  evidence  that  his  declaration  of  inten- 
tions was  not  made  in  good  faith. 

3.  ANIMALS. 

Section.  Section. 

284.  Animals  not  to  run  at  large.  28(5.  Penalty  — civil  damages. 

235.  Taking  up— advertising  — penalty — 237.  When  deemed  an  estray. 
redemption.  237a.  Prohibition  — penalty. 

An  act  to  prevent  male  animals  running  at  large,  and  for  their  re- 
straint. [Approved  March  S,  187’2.  In  force  July  1,  1872.  L. 
1871-2,  p.  118  ; R.  S.,  1874,  ch.  8,  § 8. 

234.  Animals  not  to  run  at  large.  § 1.  it  enacted  hy  the  peo- 
ple of  the  date  of  Illinois^  represented  in  the  general  assembly^  That  it 
shall  be  unlawful  for  any  male  animal,  viz.  : stallion,  jackass,  bull,  ram 
or  boar,  to  run  at  large  in  this  state. 

235.  Taking  up  — advertising  — penalty  — redemption.]  § 2. 
That  whenever  any  animal,  as  set  forth  in  the  first  section  of  this  act, 
shall  be  allowed,  by  its  owner  or  owners,  keeper  or  keepers,  to  run  at 
largeorgounrestrained.it  shall  be  lawful  for  any  person  to  resti-ain 
the  same  by  proper  confinement  and  care;  and  the  person  so  restrain- 


Animals. 


i;i(; 

iiiiz;  sliall  iininediately  advertise  such  aiiiinal  hy  posting  up  in  tliree  of 
the  most  ])ul>lic  places  in  the  townshij)  where  the  person  so  restraining 
shall  reside,  and  the  owner  or  owners,  keeper  or  keepers  of  such  animal 
shall  he  recpiircMl  to  pay  to  the  person  so  restraining  $5  for  such  restraint 
seventy-five  cents  for  each  of  the  three  advertisements  so  posted  up,  and 
seventy-five  cents  per  diem  for  their  maintenance,  while  in  his  care; 
upon  the  payment  of  which,  and  the  proper  proof  of  ownership  or 
agency  for  such  ownershij),  the  person  so  restraining  shall  deliver  up 
such  animal,  unless  as  provided  in  the  third  section  of  this  act. 

236.  Penalty — civil  damages.)  §3.  Any  owners  or  keepers  of 
animals,  as  set  forth  in  the  first  section  of  this  act,  who  shall  allow  such 
animal  to  run  at  large  or  go  unrestrained,  in  addition  to  the  foregoing, 
as  set  forth  in  tlie  second  section  of  this  act,  upon  complaint  of  any 
person  or  persons  to  any  justice  of  the  peace,  or  town  othcer,  having 
jurisdiction,  such  owner  or  owners,  keeper  or  keepers,  shall  be  deemed 
guilty  of  trespass,  and  shall  be  mulcted  in  a fine  of  not  less  than  $5,  nor 
more  than  $50,  for  each  and  every  such  offense.  And,  in  addition  to 
the  foregoing,  every  such  owner  or  owners,  keeper  or  keepers,  of  such 
male  animals,  as  set  forth  in  the  first  section  of  this  act,  who  shall  allow 
such  male  animals  to  go  unrestrained,  or  run  at  large,  shall  be  deemed 
liable  for  all  damages  that  may  accrue  to  others,  whether  to  their  per- 
sons or  their  property,  as  stock  breeders  or  otherwise,  caused  or  brought 
about  by  the  unrestraint  or  running  at  large  of  said  male  animals;  and 
damage  so  accrued  shall  be  recoverable  by  law  in  an  action  for  damages 
in  any  court  having  jurisdiction  of  the  same. 

237.  When  deemed  an  estray.]  g 4.  If  such  male  animal  shall 
remain  in  the  possession  of  the  person  restraining  it  for  thirty  days 
from  the  time  of  advertising  it,  it  shall  be  deemed  an  estray,  and  the 
laws  of  this  state  governing  estrays  shall  be  applicable  to  it. 

An  act  to  prevent  animals  from  running  at  large  within  the  corporate 

limits  of  incorporated  cities,  villages  and  towns.  [Approved  June 
16,  1891.  L.  1891,  p.  6. 

237a.  Prohibition — penalty — lien.]  § I.  Be  it  enacted  hy  the  people 
of  the  state  of  Illinois,  represented  in  the  general  assembly  : That  domestic 
animals  of  the  species  of  horse,  mule,  ass,  cattle,  sheep,  goat  or  swine, 
shall  not  be  allowed  to  run  at  large  within  the  corporate  limits  of  any 
incorporated  city,  village  or  town  in  this  state  ; any  law  or  ordinance  to 
the  contrary  notwithstanding.  § 2.  Any  owner  of  any  such  domestic 
animal  who  shall  suffer  or  allow  the  same  to  run  at  large  in  any  incor- 
porated city,  village  or  town  within  this  state  shall  be  fined  in  any  sum 
of  not  less  than  one  dollar  nor  more  than  ten  dollars  for  each  any  every 
animal  so  suffered  or  allowed  to  run  at  laige,  which  fine  may  be  re- 
covered before  any  justice  of  the  peace  of  th«  county.  § 3.  Whenever 
any  such  domestic  animal  shall  be  found  running  at  large,  contrary  to 
the  provisions  of  this  act,  the  same  maybe  restrained  by  any  resident  of 
the  incorporated  citv,  village  or  town  in  which  the  same  is  found  run- 
ning at  large  until  dhe  fine  and  costs  are  ]>aid,  and,  also,  all  damage 
done  by  any  such  domestic  animal  so  running  at  large  to  the  propei’ty 
of  the  person  restraining. 


Annexing  and  Excluding  Territory. 


137 


4.  ANNEXING  AND  EXCLUDING  TERRITORY. 


Section. 

238.  Annexation  of  adjoining  cities  etc. — 

proceeding  — election  — result. 

239.  Annexation  of  parts  of  cities  etc.  — 

proceeding  — election  — result. 

240.  Annexation  in  part  or  whole  may  be 

submitted  together. 

241.  Assumption  of  debts  and  liabilities 

— bonds  — school  debt. 

242.  Annual  tax  levy,  to  include  annexed 

territory. 

243.  Collection  of  taxes  not  stayed  — ap- 

plication of  proceeds. 

244.  Prosecution  and  defense  of  pending 

actions. 

245.  Parts  of  cities  etc.  annexed  — debts 

to  be  apportioned  — title  to  public 
property. 

246.  Parts  of  cities  etc.  annexed  — annual 

tax  levy  apportioned. 

247.  Improvement  of  streets. 

248.  Opening  of  streets  not  arrested. 

249.  Rights  and  priveleges  as  to  water 

works  — gas  or  electric  light  sys- 
tems. 

250.  Submission  of  matters  in  dispute. 

251.  Tranfer  of  public  records  and  papers. 

252.  Officers  in  detached  portions  hold 

until  the  next  annual  election. 


Section. 

253.  Justices  and  police  magistrates  hold 

until  term  ended. 

254.  Policemen  and  firemen  continue  as 

such  in  territory  to  which  annexed. 

255.  Licensing  dram  shops  — liquor  law. 

256.  Wards,  how  constituted  — represen- 

tation in  city  council. 

257.  Sewerage  system  and  drainage  dis- 

trict. 

258.  Territory  annexed  to  towns,  under 

act  of  1887,  may  be  annexed  to 
cities  etc.  in  such  towns. 

259.  Repeals. 

260.  Emergency. 

261.  Disconnecting  territory  — ordinance. 

262.  Ordinance  recorded. 

263.  Judicial  notice. 

264.  Repeals. 

265.  Emergency. 

265a.  Disconnecting  territory  — election. 
265b.  Procedure  on  two  or  more  petitions. 
265c.  Taxation  ; prior  assessment. 

265d.  Title  of  property  — new  town. 

265e.  Division  of  property  and  debt. 

265f.  Division  of  tax  on  prior  levy. 

265g.  Public  improvements  not  stayed. 
265h.  Sewerage,  water,  light. 

265i.  Offices  — vacancy. 

265j.  School  district  or  township. 


An  act  to  provide  for  the  annexation  of  cities,  incorporated  towns  and 

villages,  or  parts  of  same,  to  cities,  incorporated  towns  and  villages. 

[Approved  and  in  force  April  25,  1889.  L.,  1889,  p.  87. 

238.  Annexation  of  adjoining  cities,  etc.  — proceeding  — elec- 
tion — result.]  § 1.  Be  it  enacted  hy  the  peojjle  of  the  state  of 

Illinois^  represented  in  the  general  assembly:  That,  where  an  incor- 
porated city,  town  or  village  adjoins  another  incorporated  city,  town, 
or  village,  it  may  be  annexed  thereto  in  the  manner  following,  that  is 
to  say : A petition  shall  be  presented  to  the  judge  of  the  county 
court  of  the  county  wherein  such  incorporated  city,  town  or  village  to 
which  such  annexation  is  sought  is  situated,  asking  that  the  question  of 
annexation  be  submitted  to  the  legal  voters  of  the  city,  village  or 
incorporated  town  sought  to  be  annexed,  and  the  legal  voters  of  the 
city,  village  or  incorporated  town  to  which  it  is  sought  to  annex  the 
same.  Such  petition  shall  be  signed  by  not  less  than  two  hundred  and 
fifty  (250)  of  the  legal  voters  of  the  city,  village  or  incorporated  town 
sought  to  be  annexed,  unless  the  votes  cast  in  said  city,  village  or 


i;58  Annexing  and  Excluding  TEKuiToiiy. 

incorporated  town  at  the  last  preeeding  general  eleetion  numbered  less 
than  live  hundred  (500),  in  which  case  tlie  petition  shall  be  signed  by 
one-third  (^)  of  the  legal  voters  of  such  city,  village  or  incorporated 
town,  and,  thereupon,  said  county  judge  shall  cause  to  be  submitted  the 
question  of  annexation  to  the  voters  of  the  incorpomted  city,  town  or 
village  sought  to  be  annexed,  and  to  the  voters  of  the  incorporated 
city,  town  or  village  to  which  it  is  sought  to  annex  the  same,  at  an 
eleetion  to  be  holden  in  each  of  said  incorporated  cities,  towns  or 
villages.  Such  question  may  be  submitted  at  either  a special  election 
called  for  that  purpose,  or  at  any  municipal  election,  or  at  any  general 
election.  Notice  of  the  election,  hereby  required,  shall  be  given  by  caus- 
ing notices  thereof  to  be  published  in  at  least  one  newspaper  published 
in  said  county,  within  which  said  city,  village  or  incorporated  town  may 
be  to  which  territory  is  sought  to  be  annexed,  at  least  fifteen  (15)  days 
before  such  election,  by  the  clerk  of  the  county  court.  The  ballots 
cast  at  such  election  to  be  written  or  printed,  or  partly  written  or  partly 
printed,  “For  annexation,”  “of”  (here  name  the  city,  village  or  incor- 
porated town  to  be  annexed)  “ to  ” (here  name  city,  village  or  incor- 
porated town  to  which  annexation  is  sought),  or,  “Against  annexation,” 
“of ’’(here  name  city,  village  or  incorporated  town  to  be  annexed), 
“to”  (here  name  city,  village  or  incorporated  town  to  which  annexa- 
tion is  sought),  respectively,  to  be  received,  canvassed  and  returned  the 
same  as  ballots  for  municipal  officers  of  such  incorporated  cities,  towns 
or  villages,  and  the  officers  who  are  charged  by  law  with  the  duty  of 
canvassing  such  votes  shall  file,  or  cause  to  be  filed,  with  the  clerk  of 
the  county  court  of  such  county  a certificate  of  the  result  of  such  can- 
vass immediately  upon  ascertaining  the  result  thereof,  and  if  it  shall 
appear  that  a majority  of  the  voters  of  each  incorporated  city,  town  or 
village,  so  voting  upon  the  question  of  annexation  at  such  election,  vote 
for  annexation,  thereupon  the  jurisdiction  of  the  incorporated  city, 
village  or  town  to  which  such  other  incorporated  city,  village  or  town 
is  annexed,  shall  extend  over  said  territory  ; but,  if  it  shall  appear  that 
a majority  of  the  voters  of  any  incorporated  city,  town  or  village,  so 
voting  upon  the  question  of  annexation  when  such  question  is  first 
submitted,  vote  against  annexation,  any  petition  thereafter  presented 
to  the  judge  of  the  county  court,  shall  be  signed  by  not  less  than  one- 
eighth  of  the  legal  voters  of  the  incorpoi’ated  city,  town  or  village 
which  is  sought  to  be  annexed  to  an  adjoining  city,  village  or  incor- 
porated town,  so  voting  against  annexation. 


Annexing  and  Exoll’ding  Teukitoiiv. 


138^  • 


1.  The  constitutionality  of  an  act  extending  town  limits  so  as  to  include  farming 
lands,  contrary  to  the  owner’s  wish,  can  not  be  raised  by  writ  of  quo  warranto,  ques- 
tioning the  authority  of  town  officers  to  act  as  such  within  the  extended  boundary; 
People  V.  Whitcomb.  55  111.,  173. 

2.  The  statute  of  1887  (L.,  1887,  p.  300)  to  amend  sections  . . . of  an  act 

entitled  “an  act  to  revise  the  law  in  relation  to  township  organization,” approved  and 
in  force  March  4,  1874,  in  so  far  as  it  attempts  to  change  the  boundaries  of  incorpo- 
rated cities,  towns  and  villages  by  limiting  or  extending  their  territorial  boundaries 
and  jurisdiction  is  unconstitutional  and  void;  Donnersberger  Prendergast,  128  111., 
232. 

— so  far,  however,  as  it  relates  to  proceedings  to  annex  partof  the  territory  of  one 
town  to  a contiguous  town,  disconnecting  from  the  former  the  section  is  a valid  law; 
Donnersberger  Prendergast,  128  111.,  334. 

— the  title  of  the  statute,  which  is  “ an  act  to  amend  sections  two  (2),  four  (4),  six  (6), 
seven  (7),  ten  (10),  eleven  (11),  and  twelve  (12),  of  article  3 of  an  act  entitled  ‘an  act 
to  revise  the  law  in  relation  to  township  organization,’  approved  and  in  force  March  4, 
1874,”  does  not  carry  with  it  power  to  change  the  boundaries  of  cities  and  villages; 
unless  the  change  thereof  be  necessary  to  effectuate  a change  of  township  boundaries 
or,  at  least,  to  promote  such  object;  Donnersberger  v.  Prendergast,  128  111.,  233. 

3.  The  statute  of  1889  “ for  the  annexation  of  cities,  incorporated  towns  and  villages, 
or  parts  of  the  same,  to  cities,  incorporated  towns  and  villages  ” (§  241)  does  not  divest 
any  vested  rights  in  school  property  of  districts  or  townships.  The  act  expressly  pre- 
serves all  trusts  with  which  the  fund  and  property  was  impressed  in  the  possession  of 
the  district  etc.  The  only  change  is  in  the  trusteeship;  M’Gurn  v.  Board  of  Educa- 
tion, 133  111.,  136. 

—nor  does  this  statute  contravene  the  constitution  as  to  the  title  of  the  act  (art.  4,  § 
11).  The  several  school  districts,  townships  and  boards  of  education  are  not  two  classes 
of  corporations,  existing  under  diverse  laws  with  different  functions,  powers  and 
objects;  M’Gurn  ■y.  Board  of  Education,  133  111.,  133. 

— the  affirmative  provisions,  of  the  act,  relating  to  school  property  and  indebtedness 
of  the  annexed  territory  are  strictly  germain  to  the  subject  expressed  in  the  title; 
M’Gurn  v.  Board  of  Education,  133  111.,  135. 

4.  By  the  annexation  of  two  or  more  cities,  creating  one,  the  indebtedness  of  neither 
is  increased;  True  v.  Davis,  133  111.,  532. 

— the  constitutional  prohibition  limiting  municipal  indebtedness  (art.  9,  § 12)  does 
not  prevent  the  annexation  of  two  or  more  cities,  incorporated  towns  or  villages  to 
each  other,  as  provided  for  by  the  statute,  of  1889,  for  the  annexation  of  cities,  towns 
and  villages  (§§  238-260);  True  v.  Davis,  133  111.,  530. 

5.  The  annexation  of  territory  to  a city  does  not  necessitate  the  formation  of  a code 
of  municipal  law  for  the  government  of  the  annexed  territory.  By  becoming  a part 
of  the  city  it  is,  ipso  facto,  made  subject  to  the  laws  governing  the  city;  M’Gurn  v. 
Board  of  Education,  133  111.,  131. 

6.  Under  the  statute  of  1889,  to  establish  and  maintain  a system  of  free  schools  (L., 
1889,  p.  256),  whenever  there  is  an  organized  school  district  and  one  or  more  public 
schools  is  or  are  annexed  to  a city  with  a population  of  over  one  hundred  thousand, 
the  jurisdiction  of  the  board  of  education  immediately  attaches  and  the  school  district 
and  its  officers  become  functus  officio  (art.  6,  § 17);  M’Gurn  v.  Board  of  Education, 
133  111.,  133. 


Annexing  and  Excluding  Territory. 

7.  If  the  limits  are  so  extended  as  to  include  therein  a part  of  a former  public  road, 
the  city  becomes  invested  with  the  entire  control  thereof.  This  is  so  when  such  ]>art 
of  a road  has  been  under  the  management  of  a jdank  road  company;  Snell  v,  Chicago, 
133  111.,  441. 

—the  fee  of  streets  is  vested  in  the  city,  in  which  they  are  situate,  for  the  u.se  of  the 
public  to  whom  their  free  and  untramracled  use  belongs.  Streets  can  not  be  under 
the  control  of  two  bodies;  Snell  xi.  Chicago,  133  111.,  440. 

— a tax  levied  by  highway  commissioners  for  the  repair  or  improvement  of  a road  or 
street  lying  within  city  limits  is  unlawful;  Snell  v.  Chicago,  133  111.,  441. 

239.  Annexation  of  parts  of  cities  etc. — proceeding — election 
— result.]  § 2.  Wbeii  the  inhabitants  of  any  territory  not  less  than 
one-half  square  mile  in  extent,  and  less  than  the  whole  of  an  incorpo- 
rated city,  village  or  town,  and  which  territory  shall  be  contiguous  to 
and  adjoining  the  territory  of  another  incorporated  city,  village  or 
town,  desire  to  be  annexed  to  such  other  incorporated  city,  village  or 
town,  such  annexation  may  be  effected  as  follows : A petition  shall 

be  presented  to  the  judge  of  the  county  court  wherein  such  incorpo- 
rated city,  town  or  village  is  situated  to  whieh  annexation  is  desired, 
signed  by  not  less  than  one  hundred  of  the  legal  voters  of  the  territory 
sought  to  be  annexed,  asking  that  the  question  of  annexation  of  the 
territory  described  in  the  petition  may  be  submitted  to  the  legal  voters 
of  the  city,  village  or  incorporated  town,  from  whieh  said  territory  is 
to  be  taken,  and  to  the  legal  voters  of  the  city,  village  or  incorporated 
town  to  which  it  is  sought  to  annex  the  same.  Such  territory  shall 
be  described  in  said  petition,  and,  thei’eupon,  said  county  judge  shall 
cause  to  be  submitted  the  question  of  the  annexation  of  such  territory 
to  the  voters  of  the  incorporated  city,  town  or  village  from  which  it 
is  sought  to  disconnect  territoiy,  and  to  the  voters  of  the  incorporated 
citv,  town  or  village  to  which  it  is  sought  to  annex  the  same,  at  an  elec- 
tion to  be  holden  in  each  of  said  incorporated  cities,  towns  or  villages. 
Such  question  may  be  submitted  at  either  a special  election  called  for 
that  purpose,  or  at  any  municipal  election,  or  at  any  general  election. 
Notice  of  the  election  hereby  required  shall  be  given  by  causing  notices 
thereof  to  be  published  in  at  least  one  newspaper  published  in  said 
county  within  which  said  city,  village  or  incorporated  town  may  be, 
to  which  territory  is  sought  to  be  annexed,  at  least  fifteen  days  before 
such  election,  by  the  clerk  of  the  county  court.  The  ballots  cast  at 
such  election  to  be  written  or  printed,  or  partly  written  and  partly 
printed  “For  annexation  of”  (here  describe  territory  of  city,  village 


Axi^ExixG  AND  Excluding  Territory. 


139 


or  incorporated  town  to  be  annexed)  ‘‘to”  (here  name  city,  village  or 
incorporated  town  to  wliicli  annexation  is  sought)  or  “Against  annexa- 
tion of”  (here  describe  “territory  of  city,  village  or  incorporated 
town  to  be  annexed)  “ to  ” (here  name  city,  village  or  incorporated 
town  to  which  annexation  is  souglit),  respectively  to  be  received,  can- 
vassed and  returned  the  same  as  ballots  for  municipal  officers  of  such 
incorporated  cities,  towns  or  villages;  and  the  officers  who  are  charged 
by  law  with  the  duty  of  canvassing  such  votes  shall  file,  or  cause  to  be 
filed,  witiQ  the  clerk  of  the  county  court  of  such  county,  a certificate  of 
the  result  of  such  canvass  immediately  upon  ascertaining  the  result 
thereof ; and  if  it  shall  appear  that  a majority  of  the  voters  of  each  city, 
village  or  incorporated  town,  so  voting  upon  the  question  of  annexa- 
tion, at  such  election  vote  for  annexation,  thereupon  the  jurisdiction 
of  the  incorporated  city,  town  or  village  shall  extend  over  said  territory 
so  annexed ; but,  if  it  shall  appear  that  a majority  of  the  voters  of  any 
territory  less  than  the  whole  of  an  incorporated  city,  village  or  town, 
so  voting  upon  the  question  of  annexation,  when  said  question  is  first 
submitted,  vote  against  annexation,  any  petition  thereafter  presented  to 
the  judge  of  the  county  court  for  the  annexation  of  the  same  terri- 
tory shall  be  signed  by  not  less  than  one-eighth  of  the  legal  voters  of 
the  territory  so  voting  against  annexation. 

1.  Election  under  an  unconstitutional  law,  attaching  to  a town  wholly  within  the 
limits  of  a city  territory  detached  from  another  town,  is  itself  void;  Hyde  Park  v. 
Chicago,  124  111.,  160. 

240.  Annexation  in  part  or  whole  maybe  submitted  together.] 

§ 3.  If  petitions  are  presented  to  the  county  judge  as  prescribed  in  this 
act  for  the  annexation  of  the  whole,  and  also  for  the  annexation  of  a 
part  or  parts  of  a city,  village  or  incorporated  town  to  a city,  village  or 
incorporated  town,  the  said  county  judge  shall  submit  such  questions 
as  petitioned  for  by  each  petition,  and  if  at  such  election  the  result  of 
the  votes  shall  be  against  annexation  of  the  whole,  but  shall  be  in  favor 
of  annexation  of  a part  or  ])arts  and  such  parts  combined  as  one  terri- 
tory are  contiguous  to  such  city,  village  or  incorporated  town,  or  if 
any  such  part  be  contiguous  to  such  city,  village  or  incorporated  town, 
then  such  contiguous  territory  shall  be  annexed  the  same  as  though  no 
proposition  had  been  submitted  to  annex  the  whole  thereof. 

241.  Assumption  of  debts  and  liabilities  — bonds  — school 
debt.]  § d.  The  city,  village  or  incorporated  town  to  which  the  whole 
of  another  city,  village  or  incorporated  town  is  annexed  under  the  pro- 
visions of  this  act  shall  assume  and  pay  any  and  all  debts,  liabilities, 
bonds  or  obligations  and  interests  thereon  of  the  city,  incorporated 
town  or  village  so  annexed  and  shall  become  vested  with  title  and 
ownership  of  all  property  belonging  to  said  city,  village  or  incorporated 
town  so  annexed,  to  be  held  for  the  same  purposes  and  to  the  same 
uses,  subject  to  the  same  conditions  as  theretofore,  and  if  the  public 
schools  of  such  enlarged  city,  village  or  incorporated  town  are  all  in 
charge  and  under  the  control  of  one  board  of  education,  the  said 
enlarged  citv,  village  or  incorporated  town  shall  assume  aiid  pay  tiie 


140 


ANXi:xiN(i  AND  Excluding  Territoi{Y. 


indebtedness  of  eacli  seliool  district  oi-  township  lying  wholly  therein, 
and  shall  become  vested  with  the  title  and  ownership  of  all  property 
belonging  to  any  school  district  or  township  lying  wholly  therein,  to 
be  held  for  the  same  purj^oses  and  to  the  same  uses  and  subject  to  the 
same  conditions  as  theretofoi'e.  If  the  bonds  of  said  city,  village  or 
incoi’porated  town  so  annexed,  or  of  any  school  district  or  township 
lying  wholly  therein  have  been  registered  in  the  office  of  the  state 
auditor  of  ])ublic  accounts,  in  accordance  with  the  statute,  the  county 
clerk  shall  certify  the  fact  of  such  annexation  forthwith  to  said  state 
auditor,  and  said  state  auditor  shall  not  thereafter  certify  any  rate  per 
centum  to  the  county  clerk,  nor  shall  the  county  clerk  thereafter  extend 
any  such  rate  for  the  payment  of  said  bonds  or  interest  thereon  upon 
the  taxable  property  of  such  city,  town  or  village  so  annexed,  or  school 
district  or  township.  All  debts,  bonds  and  obligations  of  the  united 
municipality  to  be  paid  by  the  enlarged  city,  village  or  incorporated 
town.  And,  if  there  be  a portion  of  a school  district  or  township  lying 
within,  and  a portion  lying  without  such  annexed  territory,  the  debts 
of  such  school  district  or  township  shall  be  paid,  and  the  property 
divided  in  the  same  manner  as  is  provided  for  paying  debts  and  divid- 
ing property  in  section  eight  (8)  of  this  act  wdiere  parts  of  cities,  vil- 
lages or  incorporated  towns  are  annexed  to  other  cities,  villages  or 
incorporated  towns. 

242.  Annual  tax  levy,  to  include  annexed  territory.!  § 5. 

When  the  whole  of  a city,  village  or  incorporated  towm  is  annexed  to 
another  city,  village  or  incorporated  towm,  under  the  provisions  of  this 
act,  and  the  corporate  authorities  of  such  city,  village  or  incorporated 
town  so  annexed  shall  have  passed  an  ordinance,  termed  the  annual 
appropriation  ordinance,  but  not  an  ordinance  levying  a tax  for  the 
purpose  of  collecting  a sufficient  sum  of  money  to  defray  the  total 
amount  of  appropriations  for  all  corporate  purposes  for  that  fiscal  year, 
then  the  corporate  authorities  of  the  city,  village  or  incorporated  town 
to  which  such  territory  is  annexed,  shall  have  the  right  to  include  the 
amount  of  such  appropriations  in  the  annual  tax  levy  of  such  city,  vil- 
lage or  incorporated  town,  the  same  as  though  such  appropriations  had 
been  made  by  the  city,  village  or  incorporated  town  to  which  such 
other  cit}",  village  or  incorporated  town  is  annexed.  The  said  taxes 
may  be  used  by  the  city,  village  or  incorporated  town  to  which  annex- 
ation is  had  for  the  purpose  for  which  such  appropriation  was  made  by 
the  city,  village  or  incorporated  town  so  annexed. 

See  g 99  as  to  tlie  fiscal  year. 

243.  Collection  of  taxes  not  stayed  — application  of  proceeds.] 

§ H.  When  the  whole  of  an  incorporated  town,  city  or  village  shall  be 
annexed  to  another  city,  village  or  incorporated  town,  it  shall  not 
arrest,  stay  or  interfere  with  any  proceedings  for  the  collection  or 
enforcement  of  any  tax,  special  assessment,  or  special  tax,  but  the  same 
shall  proceed  and  be  carried  to  a finality  as  though  no  such  annexation 
had  taken  place,  and  the  proceeds  thereof  shall  be  paid  over  to  the 


Annexing  and  Excluding  Territory. 


m 


treasurer  of  tlie  city,  village  or  iiicoi-porated  town  to  which  such  other 
village,  city  or  incorporated  town  is  annexed,  to  he  used  for  the  purpose 
for  which  the  tax  was  levied  or  the  ]3roceedings  instituted. 

244.  Prosecution  and  defense  of  pending" actions.  J § 7.  All  suits 
pending  in  any  court  on  behalf  of  or  against  any  village,  city  or  incor- 
porated town,  the  whole  of  which  is  under  the  provisions  of  this  act 
annexed  to  another  city,  village  or  incorporated  town,  may  he  prose- 
cuted or  defended  in  the  name  of  the  city,  village  or  incorporated  town 
so  annexed,  and  all  judgments,  fines,  decrees  or  recovei’ies  obtained  for 
or  on  behalf  of  any  village,  city  or  incorporated  town  so  annexed  to 
another  may  be  collected  and  enforced  with  like  force  and  effect  as 
though  such  annexation  had  not  taken  place,  in  the  name  of  the  city, 
village  or  incorporated  town  so  annexed. 

245.  Parts  of  cities  etc.  annexed  — debts  to  be  apportioned  — 
title  to  public  property.]  § 8.  When  a part  of  the  territory  of  a city, 
village  or  incorporated  town  is  taken  therefrom  and  annexed  to  another 
city,  village  or  incorporated  town,  under  the  provisions  of  this  act,  then 
the  proportionate  share  of  any  indebtedness,  contract  or  liability  of 
such  city,  village  or  incorporated  town  from  which  such  territory  is 
taken  shall  be  assumed  and  paid  by  such  enlarged  city,  village  or  incor- 
porated town  according  to  the  taxable  property  in  such  disconnected 
territory  as  the  same  existed  immediately  before  such  annexation ; and, 
if  the  public  schools  of  such  enlarged  city,  village  or  incorporated  town 
shall  be  in  charge  and  control  of  one  board  of  education,  then  the  propor- 
tionate share  of  any  indebtedness  of  any  school  district  or  townshi{) 
shall  be  assumed  and  paid  by  snch  enlarged  city,  village  or  incorpo- 
rated town,  according  to  the  taxable  property  in  such  part  of  such  dis- 
connected territory  within  such  school  district  or  township  as  the  same 
existed  immediately  before  such  annexation;  and,  if  the  whole,  of  a 
school  district  or  township  is  annexed,  then,  such  municipality  shall  as- 
sume and  pay  all  the  indebtedness  of  such  school  district  or  township. 
The  amount  of  the  said  indebtedness  to  be  paid  by  said  enlarged  cit^^ 
town  or  village  shall  be  determined  and  agreed  upon  by  the  city  coun- 
cil of  the  city  or  trustees  of  the  village  or  incorporated  town  to  which 
such  territory  is  annexed,  and  the  city  council  of  the  city  or  trustees  of 
the  village  or  incorporated  town  from  which  such  territory  is  taken,  or 
the  school  authorities  of  the  school  district  or  township  of  which  such 
disconnected  territory  was  a part,  as  the  case  may  be,  in  such  manner 
as  they  shall  elect;  if  they  can  not  agree,  then  the  matter  shall  be  de- 
termined by  the  circuit  or  county  court  of  the  county  in  which  such 
municipal  corporation  may  be  to  which  such  annexation  is  made  by  pe- 
tition of'  either  municipal  corporation  or  of  any  tax  payer  of  either 
municipality.  The  court  shall  hear  and  determine  the  matter  in  a 
summary  manner  without  pleadings,  and  shall  pronounce  judgment  as 
the  right  and  equity  of  the  matter  may  demand.  If  the  respective  cor- 
porate authorities  shall  agree  as  to  the  amount  to  be  paid  by  such  en- 
larged city,  town  or  village,  then  each  shall  pass  an  ordinance  or  a 
resolution  reciting  the  amount  thereof  to  be  paid,  a co])y  of  which  said 


142 


Annexing  and  Excluding  Territory. 


ordiiuiMce  or  resolution  slmll  be  duly  certified  by  the  clerk  of  the  city, 
village  or  incorporated  town,  to  which  sucli  territory  is  annexed,  and 
tiled  with  the  county  clerk  of  the  county  wherein  such  enlarged  city, 
town  or  village  may  lie,  and  by  him  certified  to  the  state  auditor  of 
public  accounts,  and  which  said  ordinance  or  resolution  shall  be  final 
and  conclusive  in  all  proceedings  as  to  the  amount  of  indebtedness  so  to 
be  ]>aid.  If  a judgment  or  decree  shall  be  entered  by  a circuit  or 
county  court  as  herein  provided,  then  a certified  copy  thei’eof  shall  be 
made  by  the  clerk  of  said  court,  and  filed  with  the  clerk  of  each  of  the 
said  municipal  corporations  and  with  the  county  clerk,  and  by  the 
county  clerk  certified  to  the  state  auditor  of  public  accounts,  and  such 
judgment  shall  be  final  and  conclusive  in  all  proceedings  as  to  the 
amount  of  indebtedness  to  be  paid  by  each  municipality.  The  state 
auditor  shall  not  thereafter  certify  any  rate  per  centum  to  the  county 
clerk,  nor  shall  the  county  clerk  thereafter  extend  any  rate  upon  the 
taxable  property  of  said  annexed  territory  for  the  payment  of  any  of 
said  bonds  or  interest  thereon  so  issued  by  the  city,  incorporated  town 
or  village  from  which  it  is  disconnected.  Said  enlarged  city,  town  or 
village  shall  be  vested  with  the  title  and  ownership  of  all  the  public 
and  school  property  in  such  annexed  territory,  and  shall  be  charged 
therewith  in  the  division  of  the  public  property  of  such  dismembered 
city,  incorporated  town  or  village,  or  school  district,  or  township,  be- 
tween said  municipalities,  or  between  said  enlarged  city,  town  or  vil- 
lage, and  any  dismembered  school  district  or  township,  as  the  case  may 
be,  and  the  territory  not  annexed  shall  be  cliarged  with  all  the  public 
property  within  sucli  territory,  and  all  the  public  funds  in  the  hands  of 
the  corporate  authorities,  such  division  to  be  agreed  upon  by  the  same 
authorities  or  settled  by  the  court  in  the  same  mannei-  and  upon  the 
same  basis  as  above  provided  for  in  dividing  the  indebtedness  of  said 
dismembered  municipality  or  school  district  or  township. 

246.  Parts  of  cities  etc.  annexed  — annual  tax  levy  appor- 
tioned.] § 9.  When  a part  of  a city,  village  or  incorporated  town  is 
annexed  to  another  city,  village  or  incorporated  town,  and  before  such 
annexation,  the  municipal  authorities  of  the  city,  village  or  incorpo- 
rated town  from  whicli  the  territory  is  detached  had  made  an  annual 
tax  levy,  then  in  such  case  there  shall  be  ])aid  over  to  the  treasurer 
of  the  city,  village,  or  incorporated  town  to  which  such  territory 
is  annexed,  the  pro  rata  share  paid  by  such  territory  of  said  tax  lev}" 
for  said  year  according  to  the  taxable  property  therein,  as  the  same  ex- 
isted immediately  before  such  annexation,  and  charging  such  territory 
its  proportionate  share  for  the  expired  part  of  the  fiscal  year. 

247.  Improvement  of  streets.]  § 10.  AVhen  a part  of  a city,  vil- 
lage or  incorporated  town  is  annexed  to  another  city,  village  or  iricor- 
porated  town,  under  the  provisions  of  this  act,  and  prior  to  such  annexa- 
tion proceedings  had  been  instituted  for  the  purpose  of  improving  any 
streets  within  such  detached  portion  by  special  assessment  or  special 
taxation,  then  in  such  case  such  proceedings  may  he  can’ied  to  a finality 
whether  the  whole  impi-ovement  he  within  the  detached  poi’tion  or  not. 


Annexing  and  Excluding  Territory. 


143 


If  the  whole  improvement  is  to  be  made  within  the  detached  portion, 
then  the  amount  collected  by  such  proceedings  shall  be  paid  over  to  the 
city,  village  or  incorporated  town  to  which  such  territoiy  is  annexed,  to 
be  used  by  such  city,  village  or  incorporated  town  for  the  purpose  for 
which  such  proceedings  were  instituted.  If  only  a part  of  such  im- 
])rovement  is  to  be  made  within  the  detached  territory,  then  the  city, 
village  or  incorporated  town  from  which  such  territory  is  detached  may 
proceed  with  the  same  as  though  such  annexation  had  not  taken  place. 

248.  Opening  of  streets  not  arrested.]  § 11.  When  a part  of  a 
city,  village  or  incorporated  town  is  annexed  to  another  under  the  pro- 
visions of  this  act,  then,  in  that  case  any  proceedings  instituted  for  the 
purpose  of  taking  land  for  the  purpose  of  opening  any  street  or  alley, 
or  other  public  way  within  the  territory  so  annexed,  shall  not  be  arrested 
or  stayed,'^but  the  same  may  proceed  to  a finality  if  the  city,  village  or 
incorporated  town  to  which  such  territory  is  annexed  so  elect,  and  all 
moneys  received  from  any  special  assessment  or  tax  levied  or  assessed 
for  such  purpose  shall  be  paid  over  to  the  city,  village  or  incorporated 
town  to  which  sucli  territory  is  annexed,  to  be  used  by  it  for  the  pur- 
poses for  which  the  same  was  collected,  such  proceedings  to  be  con- 
tinued in  the  name  of  the  city,  village  or  town  from  which  the  terri- 
tory is  detached,  with  like  force  and  effect  as  though  the  said  territory 
had  not  been  detached  therefrom. 

249.  Rights  and  privileges  as  to  water  works  — gas  or  electric 

light  systems.  | § 12.  If  a part  of  a city,  village  or  incorporated  town 

be  annexed  to  another  village,  city  or  incorporated  town,  then  such  part 
of  the  city,  village  or  incorporated  town  shall  have  the  same  use  and 
benefit  of  any  water  works,  gas  or  electric  light  system  owned  by  such 
city,  village  or  incorporated  town  prior  to  such  annexation,  on  the  same 
terms,  conditions  and  restrictions  that  it  had  before  such  annexation  ; 
and  on  the  same  terms,  conditions  and  restrictions,  said  territory  not 
annexed  may  thereafter  receive  the  use  and  benefit  thereof ; and,  if  a 
portion  of  the  territory  of  any  city,  village  or  incorporated  town  be 
annexed  to  another  city,  village  or  incorporated  town,  then  the  portion 
of  the  city,  village  or  incorporated  town  not  annexed  shall  have  the 
same  use  and  benefit  of  any  water  works,  gas  or  electric  light  system 
owned  by  such  city,  village  or  incorporated  town  prior  to  such  annexa- 
tion, on  the  same  terms,  conditions  and  restrictions  that  it  had  before 
such  annexation,  and  on  the  same  terms,  conditions  and  restrictions  said 
territory  annexed  may  thereafter  receive  the  use  and  benefit  thereof. 
Either  part  of  such  village,  city  or  incorporated  town  receiving  such 
benefits  as  aforesaid,  may  have  its  said  rights  and  benefits  waived  by 
the  city  council  or  board  of  trustees  of  a city,  village  or  incorporated 
town,  to  and  from  wdiich  said  territory  is  annexed  and  detached,  upon 
such  just  and  equitable  terms  as  they  may  agree,  and  if  they  can  not 
agree,  then  the  matter  shall  be  determined  by  the  circuit  or  county  court 
of  the  county  within  which  such  city,  village  or  incorporated  town  to 
which  territory  is  annexed  may  lie,  on  petition  of  any  person  interested 
therein.  Said  court  shall  determine  the  matter  aforesaid  in  a summary 


144 


Annexing  and  Excluding  Ti-hkitory. 


inaniier  ami,  witlioiit  formal  ])rocecdings,  pronounce  judgment  as  the 
right  and  e(|uity  of  tlie  ease  may  recpiire,  and  such  judgment  shall  be 
iinal  and  conclusive. 

250.  Submission  of  matters  in  dispute.]  § 13.  When  a part  of  a 
city,  village  or  incorporated  town  sliall  be,  under  the  ])rovisions  of  this 
act,  annexed  to  anotlier  city,  village  or  incorporated  town,  tlien,  in  case 
the  municipal  authorities  of  the  municipal  corjioration  from  which  the 
territory  is  detached  and  of  the  municipal  corporation  to  which  it  is 
attached  can  not,  by  ordinance,  agree  as  to  the  division  of  the  jiroperty 
or  the  settlement  of  their  respective  rights  and  all  matters  arising  out 
of  said  annexation  within  sixty  days  thereafter,  then  the  circuit  or  county 
court,  of  the  county  within  which  either  municipal  corporation  may  be, 
shall  hear  and  determine  all  matters  so  in  dispute  and  give  judgment  or 
decree  as  the  right  of  the  matter  iriay  demand  on  petition  of  either 
municipal  corporation,  and  such  judgment  shall  be  final  and  conclusive. 

251.  Transfer  of  public  records  and  papers.]  §14.  All  public 
books,  papers  and  do('uments,  when  the  whole  of  an  incorporated  city, 
town  or  village  is  annexed,  under  the  provisions  of  this  act,  on  file  in 
any  office  or  with  any  officer  thereof,  shall  be  transferred  to  and  filed 
with  the  appropriate  officer  or  department  of  the  city,  incorporated  town 
or  village  to  which  such  annexation  is  made,  as  the  city  council  or  board 
of  trustees  thereof,  as  the  case  may  be,  shall  direct;  and,  it  shall  be  the 
duty  of  all  persons  having  charge  of  such  bouks,  papers  and  documents 
to  deliver  the  same  to  and  file  the  same  with  the  appropriate  officer  or 
department  as  in  this  section  provided. 

252.  Officers  in  detached  portions  hold  until  the  next  annual 
election.]  § 15.  When  a ]^art  of  a city,  village  or  incorporated  town 
shall  be  annexed  to  another  city,  village  or  incorporated  town,  and  any 
mayor,  president,  alderman  or  trustee,  clerk,  treasurer  or  attorney  for 
such  municipality  from  which  the  territory  is  detached  shall  reside  in 
the  territory  so  detached,  then,  he  shall  continue  in  office  as  an  officer  of 
such  municipal  corporation  until  the  next  annual  municipal  election  of 
such  city,  village  or  incorporated  town  as  the  case  may  be. 

’ 253.  Justices  and  police  magistrates  hold  until  term  ended.] 
§ Ifi.  When  the  whole  or  any^  part  of  such  city,  village  or  incorporated 
town  shall  be  annexed  to  another  city,  village  or  incorporated  town, 
under  the  provisions  of  this  act,  then  any  justice  of  the  peace,  or  police 
magistrate,  duly  elected,  qualified  aud  acting  at  the  time  that  an- 
nexation shall  take  effect,  shall  continue  to  hold  their  offices  for  the 
terms  for  which  they  were  respectively  elected.  All  suits,  actions,  ]>ro- 
ceedings,  com])lainis,  prosecutions  and  special  proceedings  which  shall 
be  pending  in  the  territory  annexed  before  any  justice  of  the  peace, 
shall  be  heard  and  determined  as  though  annexation  had  not  taken 
place,  and  the  said  justices  of  the  peace  shall  continue  to  exercise  within 
said  territory,  the  functions  of  their  respective  offices  until  the  teian 
thereof  shall  respectively  expire  or  otherwise  sooner  be  determined,  in 
the  same  manner  as  though  annexation  had  not  taken  place,  and  the 
powers  and  jurisdiction  of  said  justices  wfithin  said  territory,  and  their 


Annexing  and  Excluding  Territory. 


145 


fees  and  emoluments  and  metliods  of  procedure  sliall  be  as  tbongb  an- 
nexation luid  not  taken  place.  But,  nothing  in  this  section  contained 
shall  authorize  any  service  of  process  issued  by  a justice  of  the  peace  or 
police  magistrate  of  the  city,  village  or  incorporated  town,  or  give  any 
such  justice  of  the  peace  jurisdiction  outside  of  the  territory  to  which 
his  jurisdiction  was  limited  before  such  annexation,  or  interfere  with 
the  jurisdiction  of  any  justice  of  the  peace  or  police  magistrate  of  the 
city  to  which  it  is  annexed  over  the  territory  annexed.  At  the  expira- 
tion of  the  term  of  such  justices  of  the  peace  or  police  magistrates,  all 
dockets  and  books,  papers  and  files  of  their  respective  offices  shall  be 
filed  and  deposited  with  any  justice  of  the  peace  of  the  city,  village  or 
incorporated  town  to  which  said  territory  is  annexed  that  the  circuit 
court  of  the  county  shall  designate  by  order  of  the  court. 

254.  Policemen  and  firemen  continue  as  such  in  territory  to 
which  annexed.]  § 17.  All  policemen  and  firemen  lawfully  in  the 
employ  of  any  city,  village  or  incorporated  town,  the  whole  of  which 
may  be  annexed  to  another,  as  provided  in  this  act,  shall  be  transferred 
to  and  become  a ])art  of  the  police  and  fire  department  force  of  such 
city,  village  or  incorporated  town. 

255.  Licensing  dram  shops  — liquor  law.]  § 18.  When  a part  or 
the  whole  of  an  incorporated  town,  village  or  city  is  annexed,  under  the 
provisions  of  this  act,  to  another  city,  village  or  incorporated  town,  and 
prior  to  such  annexation  an  ordinance  was  in  force  prohibiting  the  issu- 
ing of  licenses  to  keep  dram  shops  within  said  territory  so  annexed,  or 
any  part  thereof,  or,  providing  that  sucli  licenses  shall  not  be  issued 
except  upon  petition  of  a majority  of  the  voters  residing  within  a cer- 
tain distance  of  such  proposed  dram  shops,  then  such  ordinance  shall 
continue  in  full  force  and  effect,  notwithstanding  such  annexation: 
Provided,  the  citv  council  or  board  of  trustees,  as  the  case  niay  be,  may, 
on  petition  of  one-fourth  of  the  voters  of  the  territory  over  which  said 
ordinance  extends,  submit  at  an  annual  municipal  election,  but  not  of- 
tener  than  every  other  municipal  election,  the  question  to  the  voters  of 
such  territory  whether  or  not  an  ordinance  shall  be  passed  authorizing 
the  issuing  of  dram  shop  licenses  for  such  territory  : And,  provided, 
further,  that  upon  petition  in  such  case  of  one-fourth  of  the  voters 
within  any  part  of  said  annexed  territoiy  not  less  than  one  half  square 
mile  in  extent,  asking  that  any  such  ordinance  shall  be  continued  in  force 
in  said  portion  of  said  annexed  teridtory,  said  question  of  issuing  dram 
shop  licenses  shall  be  submitted  separately  to  the  voters  of  said  portion 
of  said  annexed  territory,  and  if  a majority  of  the  voters,  voting  on  such 
question,  vote  against  dram  shops,  then  said  ordinance  shall  continue  in 
force  in  said  portion  of  said  territory  ; otherwise,  not.  The  ballots  cast 
at  such  election  shall  be  written  or  printed,  or  partly  written  and  partly 
printed,  For  Dram  Shops”,  or  “ Against  Dram  Shops”,  respectively, 
and  shall  be  received,  canvassed  and  returned  the  same  as  ballots  cast 
at  said  election  for  municipal  officers,  and  if  it  shall  appear  that  a ma- 
jority of  the  voters  so  voting  upon  the  question  vote  ‘‘For  Dram 
Shops,”  then  licenses  may  be  issued  for  said  territory  on  the  same  terms 

19 


Annexing  and  Excluding  Teuiutory. 


m; 

and  c.omlitions  as  licenses  ai’e  i^ranted  l>y  ordinance  within  other  parts 
of  tlie  municipality.  It  is  intended  by  this  section  to  continue  in  full 
force  and  elfect  all  ordinances  of  any  municipality,  the  whole  or  part 
of  which  is  annexed  to  another  city,  incorporated  town  or  vdllage, 
whereby  the  licensing  of  dram  shoj)S  is  prohil>ited  or  regulated  within 
said  city,  village  or  incorporated  town,  or  any  })art  thereof,  without  the 
voters  of  the  territory  so  affected  consent,  as  hereby  provided,  to  the 
repeal  of  such  ordinance  by  the  city,  village  or  incorporated  town  to 
which  th(*  tei’ritoiy  is  annexed. 

256.  Wards,  how  constituted  — representation  in  city  council.] 

§ lb.  Whenever  the  whole  or  a part  of  any  city,  village  or  incorporated 
town  is  annexed  to  a citv  having  30,000  inhabitants  or  more,  and  such 
annexed  territory  is  three  or  more  square  miles  in  extent,  or  contains 
15,000  inhabitants  and  not  more  than  25,000  inhabitants,  then  such 
annexed  territory  shall  constitute  a ward  of  the  city  to  which  it  is  an- 
nexed, and  the  city  council  of  such  city  shall  authorize  the  legal  voters 
of  such  annexed  territory  to  elect  two  aldermen  from  such  ward  in 
such  annexed  territory,  which  sa^d  aldermen  from  such  annexed  terri- 
tory shall  be  additional  aldermen  to  the  number  theretofore  required 
in  such  city,  and  shall  possess  all  the  qualifications  of  and  be  elected  at 
the  time  and  in  the  manner  provided  by  law:  Provided,  that  if  said 

annexed  territory  sliall  contain  more  than  25,000  inhabitants,  then  the 
city  council  shall  authorize  the  legal  voters  of  such  annexed  territory 
to  elect  two  aldermen  for  every  25,000  iidiabitants  thereof,  and  two 
additional  aldermen  for  a fraction  o[  15,000  inhal)itants  or  more,  the 
number  of  inhalhtants  to  be  determined  by  the  last  preceding  national, 
state  or  school  census  of  such  annexed  territory,  and  if  any  such  an- 
nexed tei’ritorv  has  less  than  15,000  inhabitants  and  is  less  than  three 
square  miles  in  extent,  then  the  city  council  shall  annex  it  to  any  ward 
or  wards  whicli  it  adjoins:  Provided,  further,  that  no  thing  herein 

sliall  prevent  the  city  council  from  re-districting  such  city  according  to 
law. 

257.  Sewerage  system  and  drainage  district.]  § 20.  When  the 
whole  of  a citv,  village  or  incorporated  town,  or  part  of  the  same,  is 
annexed  to  another  city,  village  or  incorporated  town,  under  the  pro- 
visions of  this  act,  and  within  such  territory  so  annexed,  sewers  were 
before  such  annexation  laid  or  built  by  special  assessment,  then  in  such 
cases  the  city,  village  or  incorporated  town  to  which  such  territory  is 
annexed  mav  continue  to  lay  or  build  sewers  or  establish  a drainage 
system  bv  drainage  districts  within  such  annexed  territory  by  special 
assessment  or  special  taxation  if  it  shall  so  elect. 

258.  Territory  annexed  to  towns,  under  act  of  1887,  may  be 
annexed  to  cities  etc.  in  such  towns.]  ^21.  Whenever  any  terri- 
torv,  being  a part  of  a city,  village  or  incorporated  town,  has  been 
annexed  to  an  adjoining  town  which  is  wholly  within  the  limits  of  a 
city,  village  or  incorporated  town,  under  the  provisions  of  aii  act  en  titled 
‘h\n  act  to  amend  sections  2,  4,  b,  7,  10,  11  and  12  of  article  3 of  an 
act  entitled  ‘An  act  to  revise  the  law  in  relation  to  townshi[)  organiza- 


Annexing  anj)  Excluding  Teruitory. 


147 


tion,  approved  and  in  force  March  4,  ISTf appi’oved  June  15,  1887, 
in  force  July  1,  1887”,  then  and  in  such  cases  such  territory  which  has 
been  so  annexed  to  and  become  a part  of  the  city,  village  or  incor- 
porated town  within  which  such  town  lies,  to  which  such  territory  has 
been  annexed  in  the  manner  following,  viz.:  A petition  may  be  pre- 
sented to  the  county  board  of  the  county  within  which  such  city  may 
lie,  signed  by  a majority  of  the  legal  voters  of  tl»e  territory  so  annexed 
to  such  town,  and  thereupon  if  said  county  hoard  shall  tind  that  such 
petition  is  signed  by  a majority  of  the  legal  voters  of  said  territory, 
the  county  board  shall  thereupon  by  resolution  annex  such  territory  to 
said  city,  village  or  incorporated  town.  And,  upon  such  declaration  by 
tlie  county  board  the  limits  of  said  city,  village  or  incorporated  town 
shall,  thereupon,  be  extended  to  include  the  territory  annexed  to  said 
town  : Provided,  this  section  shall  not  be  held  to  prohibit  the  annexa- 

tion of  such  territory  in  any  other  manner,  as  provided  in  this  act. 

259.  Repeals.]  g 22.  All  acts  and  parts  of  acts  in  contiict  herewith 
are  hereby  repealed. 

260.  Emergency.]  § 23.  Whereas,  an  emergency  exists,  therefore 
this  act  shall  be  iu  force  and  take  effect  from  and  after  its  passage. 

An  act  in  relation  to  the  disconnection  of  territory  from  cities  and 

villages.  [Approved  and  in  force  May  29,  1879.  L.,  1879,  p.  77. 

261.  Disconnecting  territory.]  §1.  Beit  enactedhy  the  people  of 
the  state  of  Illinois^  represented  in  the  general  assemhly^  That  when- 
ever tlie  owners  I’epresenting  a majoiity  of  the  area  of  land  of  any  ter- 
ritory within  any  citv  or  village,  and  being  upon  the  border  and  within 
the  boundary  thereof,  and  not  laid  out  into  city  or  village  lots  or  blocks, 
shall  petition  the  city  council  of  such  city,  or  the  trustees  of  such  vil- 
lage, 'praying  the  disconnection  of  such  territory  therefrom;  suc’n  peti- 
tion shall  be  filed  witli  the  city  clerk  of  such  city,  or  the  president  ol 
the  trustees  of  such  village,  accompanied  w'ith  a certificate  of  the 
county  clerk,  showdng  that  all  city  taxes  or  assessments  due  up  to  the 
time  of  presenting  such  petition  are  fully  paid,  at  least  ten  days  before 
the  meeting  of  such  city  council,  or  tiustees,  ax  wdiich  it  is  ])roposed  to 
present  such  petition,  and  the  city  clerk  of  .such  city,  or  president  of 
the  trustees  of  such  village,  shcill  pi'esent  such  j^etition  to  the  city  coun- 
cil or  trustees,  as  the  case  uiay  be,  and  upon  such  presentation,  the  city 
council  of  such  city,  01-  trustees  of  such  village,  may,  by  ordinance,  to 
be  passed  by  a majority  of  the  members  elected  to  such  city  council  or 
board  of  village  trustees,  disconnect  the  territory  described  in  such 
petition  from  such  city  or  village:  Provided,  how'ever,  that  the  territory 
so  disconnected  shall  not  thereby  be  exempted  from  taxation,  for  the 
purpose  of  paying  any  indebtedness  conti*acted  by  the  corporate  authori- 
ties of  such  city  or  village,  while  such  territory  was  within  the  limits 
thereof,  and  remaining  unpaid,  but  the  same  shall  be  assessed  and  taxed 
for  the  purpose  of  paying  such  indebtedness,  the  same  as  if  such  terri- 
tory had  not  been  disconnected,  until  such  indebtedness  is  fully  paid. 

262.  Ordinance  recorded.]  g 2.  A copy  of  the  ordinance  discon- 
necting territory  from  any  city  or  village,  certified  by  the  clerk  of  such 


148 


Annexing  and  Excluding  Territory. 


city,  or  j)resideiit  ot  the  trustees  of  such  village,  shall  be  filed  for  record 
and  recorded  in  the  recorder’s  office  of  the  county  in  which  such  dis- 
connected territory  is  situated,  and  another  copy  of  such  ordinance,  so 
certified,  shall  be  hied  with  the  clerk  of  the  county  court  of  the  county 
in  which  such  disconnected  territory  is  situated. 

263.  Judicial  notice.]  §3.  All  courts  in  this  state  Bhall  take  judicial 
notice  of  cities  and  villages,  and  of  the  changes  made  in  their  territory, 
under  this  act. 

264.  Repeal.]  § 4.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

265.  Emergency.]  § 5.  Whereas,  there  is  no  valid  law  in  force  in 
this  state  enabling  cities  and  villag.es  to  decrease  their  corporate  limits, 
and  special  legislation  therefor  by  the  general  assembly  is  forbidden  by 
the  constitution  of  this  state,  therefore  an  emergency  exists  why  this 
act  should  take  effect  immediately;  therefore  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

An  act  to  provide  for  the  division  of  incorporated  towns.  [Approved 

June  13,  1891,  in  force  July  1,  1891.  L.  1891,  \\  74. 

265a.  Disconnecting  territory  ; election.]  § 1.  Be  it  enacted  hy 
the  ^people  of  the  state  of  Illinois^  represented  in  the  general  assembly^  That 
any  portion  of  an  incorporated  town,  such  portion  having  an  area  of  not 
less  than  one  square  mile  and  a resident  population  of  not  less  than  one 
thousand,  and  lying  u])on  the  border  and  within  the  boundary  of  such 
incorporated  town,  may  be  disconnected  from  such  town  as  a separate 
town,  in  manner  following,  that  is  to  say:  a petition  shall  be  })i'esented 
to  the  county  jndge  of  the  county  in  wliich  such  incorporated  town  is 
situated,  asking  that  the  question  of  disconnection  be  submitted  to  the 
legal  voters  of  such  town.  Sucli  petition  shall,  clearly,  define  the 
boundary  of  such  territory  sought  to  be  disconnected,  shall  state  tlie 
])opulation  thereof  and  the  name  proposed  for  the  town  to  be  organized 
therefrom,  and  shall  be  signed  by  not  less  than  one  hundred  of  the  legal 
voters  residing  within  the  limits  of  the  territory  sought  to  be  discon- 
nected ; unless  the  votes  cast  by  the  voters  residing  within  the  limits  of 
such  territory  at  the  last  preceding  election  numbered  less  than  five  hun- 
dred, in  which  case  the  petition  shall  be  signed  by  one-fifth  of  the  legal 
voters  residing  within  the  limits  of  such  territory  ; and,  thereupon,  the 
said  county  judge  shall  cause  to  be  submitted  the  question  of  discon- 
nection to  the  voters  of  such  incorporated  town  at  an  election  to  be  held 
in  such  incorjiorated  town.  Such  question  shall  be  submitted  at  the 
next  succeeding  general  or  municipal  election,  provided  such  general  or 
municipal  election  sliall  he  holden  at  a time  not  less  than  twenty  days  or 
more  than  sixty  days  after  the  presentation  of  said  petition  to  said 
county  judge.  In  case  the  next  succeeding  general  or  municipal  elec- 
tion shall  be  holden  at  a time  within  twenty  days  or  more  than  sixty 
days  after  the  presentation  of  said  jietition,  as  aforesaid,  then  the  .said 
county  judge  shall  order  a special  election  to  be  holden  in  said  town, 
after  the  manner  of  holding  town  elections,  at  a time  not  more  than 
thirty  days  after  the  presentation  of  said  petition.  Notice  of  the  election 
hereby  required  shall  be  given,  by  causing  notice  to  be  published  in,  at 
least,  one  newspaper  published  in  said  county,  within  which  said  incor- 


Annexing  and  Excluding  Terkitory. 


148^ 


porated  town  may  be,  at  least  fifteen  days  before  such  election,  by  the 
clerk  of  the  county  court.  The  ballots,  cast  at  such  election,  to  be  writ- 
ten or  printed,  or  partly  written  and  partly  [)rinted  “for  disconnection 
of”  (here  state  the  limits  of  the  territory  sought  to  be  disconnected)  or 
“ against  disconnection  of  ” (here  set  out  the  limits  of  the  tei’ritory 
sought  to  be  disconnected)  respectively,  to  be  received,  canvassed  and 
returned  the  same  as  ballots  for  municipal  officers  of  such  incorporated 
town  and  the  officers  who  are  charged,  by  law,  with  the  duty  of  canvos- 
sing  such  votes  shall  ascertain  the  exact  residence  of  each  voter  voting 
at  such  election,  either  from  the  books  of  registration  or  from  the  oath 
or  affirmation  of  such  voter;  and,  in  election  precincts  which  are  inter- 
sected by  the  boundaries  of  the  territory  sought  to  be  disconnected  the 
judge  of  election  shall  procure  an  additional  ballot  box,  in  which  shall 
be  deposited  only  the  ballots  of  voters  residing  within  the  limits  of  the 
territory  so  sought  to  be  disconnected,  and  shall  hie,  or  cause  to  be  hied, 
with  the  clerk  of  the  county  court  of  such  county,  a certihcate  of  such 
canvass,  immediately  ii})on  ascertaining  the  result  thereof,  in  which  cer- 
tihcate such  officers  shall  state  as  well  as  the  results  of  the  entire  vote, 
as  canvassed  by  them,  the  number  of  votes  cast  by  the  voters  residing 
within  the  limits  of  the  territory  so  sought  to  be  disconnected  and  the 
number  of  votes  for  and  the  number  of  votes  against  the  question  so 
submitted,  as  cast  by  such  voters,  and  if  it  shall  aj^pear  that  the  majority 
of  the  voters  of  such  incorpoi’ated  tovni  as  well  as  a majority  of  the 
.voters  residing  within  the  li*mit3  of  the  territory  sought  to  be  discon- 
nected, so  voting  u|)on  the  question  of  division,  at  such  election  vote  for 
disconnection,  tliereupon  such  territory  shall  become  disconnected  and 
wholly  set  apart  from  such  town,  both  as  an  incorporated  town  and  as  a 
town  under  the  township  organization  laws,  under  the  name  proposed 
in  the  aforesaid  petition,  under  the  general  oi'ganization  laws,  and  the 
jurisdiction  of  the  corporate  authorities  of  the  town  from  which  such 
territory  shall  be  taken  shall  continue  over  such  new  town  until  proper 
township  officers  of  such  new  town  shall  be  elected  and  qualified  under 
the  provisions  of  this  act;  and  the  county  judge  shall,  forthwith,  call 
and  fix  the  time  and  place  of  an  election  to  elect  town  olficei-s  and  cause 
notices  thereof  to  be  posted  or  published  and  perform  all  oilier  acts  in 
reference  to  such  election  in  like  manner,  as  nearly  as  may  be,  as  he  is 
required  to  perform  in  reference  to  the  election  of  officers  in  newly 
organized  cities;  but,  the  term  of  such  officers  elected  at  such  election 
shall  terminate  as  soon  as  their  successors  are  elected  and  qualified  at 
the  regular  annual  election. 

265b.  Procedure  on  two  or  more  petitions.]  § 2.  If  more 
than  one  petition  be  presented  to  the  county  judge,  as  described  in  this 
act,  for  the  disconnection  of  the  same  territory  within  different  boun- 
daries the  judge  of  said  county  shall  submit  such  questions  as  jietitioned 
for  in  the  first  jielition  presented  to  him  and  shall  suspend  action  upon 
such  other  petition  or  petitions  until  the  question  first  submited  shall  be 
determined,  by  election,  as  aforesaid. 

265c.  Taxation  ; prior  assessment.]  § 3.  Whenever  any  incor- 
porated town  shall  be  divided,  under  the  provisions  of  this  act,  after  the 
making  out  of  the  assessor’s  books  in  any  year,  such  division  shall  not, 


Anni-:xix(;  and  KxCLL'Di\(i 


llSb 

in  any  manner,  afTcct  the  assessment  or  the  eollection  of  the  taxes  asses- 
sable ami  eolleetable  in  that  year;  but,  the  same  may  be  assessed  and 
collected  in  the  same  manner  and  by  the  same  oflicers  as  if  no  division, 
or  altei-ation,  had  taken  |)lace. 

265d.  Title  of  property  ; new  town.]  § 4.  Whenever  any  portion 
of  any  incorporated  town  shall  be  disconnected  from  such  town  and 
oi’ganized  as  a separate  town,  under  the  provisions  of  this  act,  such  new 
town  shall  become  vested  with  the  title  and  ownership  of  all  jtroperty 
belonging  to  such  incorporated  town  lying  wholly  therein,  to  be  held 
for  the  use  and  benefit  of  such  new  town. 

2650.  Municipal  indebtedness  ; division  of  property,  and  in- 
debtedness.] § 5.  Such  new  town  shall  assume  and  pay  its  propor- 
tionate share  of  any  imlebtedness  of  such  incorporated  town,  according 
to  the  taxable  property  in  such  new  town.  The  amount  of  said  indebt 
cdness  to  be  paid  by  said  newly  organized  town  shall  be  determined 
and  agreed  upon  by  the  corporate  authorities  of  the  said  newly  organ- 
ized town  and  of  the  original  town  from  which  such  territory  is  taken, 
in  such  manner  as  they  shall  elect;  if  they  can  not  agree,  then  the  matter 
shall  be  determined  by  the  circuit  court  of  the  county  in  which  such 
towns  may  be,  by  ])etition  of  either  town  or  any  taxjiayer  of  either  town. 
The  court  shall  hear  and  determine  the  matter  in  a summary  wmy,  with- 
out pleadings,  and  shall  pronounce  judgment  as  the  right  and  equitv  of 
the  matter  shall  demand.  If  the  respective  corporate  authoritj-  [ies]  shall 
agree  as  to  the  amount  to  be  paid  by  each  town,  then,  each  shall  pass 
an  ordinance  or  a resolution  reciting  the  amount  thereof  to  be  paid,  a 
copy  of  which  ordinance  shall  be  duly  certified  by  the  clerk  of  each 
town  and  filed  with  the  county  clerk  of  the  county  wherein  such  towns 
may  lie  and,  by  him,  certified  to  the  state  auditor  of  public  accounts, 
and  which  said  ordinance  or  resolution  shall  be  final  and  conclusive,  in 
all  proceedings,  as  to  the  amount  of  indebtedness  so  to  be  paid.  If  a 
judgment  or  decree  shall  be  entered  by  the  circuit  or  county  court,  as 
hereby  provided,  then,  a certified  coj)y  thereof  shall  be  made  by  the 
clerk  of  said  court  and  filed  with  the  clerk  of  each  of  said  towns  and 
with  the  county  clerk  and,  by  the  county  clerk,  certified  to  the  state 
auditor  of  public  accounts.  And  such  judgment  shall  be  final  and  con- 
clusive, in  all  proceedings,  as  to  the  amount  of  indebtedness  to  be  jiaid 
by  each  towm.  The  state  auditor  shall,  thereaftei’,  certify  the  proportion 
or  rate  per  centum  to  the  county  clerk  and  the  county  cleil^  shall  there- 
after extend  such  proportion  or  rate  per  centum  upon  the  taxable  prop- 
erty of  both  the  original  town  and  such  new  town  for  the  payment  of 
any  bonds,  or  interest  theren,  so  issued  by  such  incoi’porated  town  so 
that  each  town  shall  pay  its  just  share  and  proportion,  as  agreed  upon 
or  as  adjudged  by  the  »;ourt.  Such  new  town  shall  be  entitled  to  its 
proportionate  share  of  all  public  in'operty,  according  to  the  amount  of 
taxable  property  within  such  new  town  and  shall  be  chaiged  therewith 
in  a division  of  the  public  property  of  such  dismembei’ed  incoi-j)orated 
town  and  the  original  town,  as  divided,  shall  be  charged  with  all  the 
public  property  within  its  territory  and  all  the  public  funds  in  the 
hands  of  the  corporate  authorities,  such  division  to  be  agreed  upon  by 
the  same  authorities  or  settled  by  the  court,  in  the  same  manner  and 


Annexing  and  Excluding  Territory.  ]4§c 

upon  tlie  same  basis  as  above  provided  for  in  dividing  the  indebtedness 
of  sai(i  dismembered  incorporated  town. 

265f.  Division  of  tax  on  prior  levy.  | § 6.  When  an  incorporated 

town  shall  be  divided,  as  above  prescribed,  and  befoi'e  such  division 
the  municipal  authorities  of  said  incorporated  tovvn  had  made  an  annual 
tax  levy,  then,  in  such  case,  there  shall  be  paid  over  to  the  treasurer  of 
the  new  town  the  pro  rata  slmre  paid  by  such  disconnected  territory  of 
said  tax  levy  for  said  year,  according  to  the  taxable  property  therein  as 
the  same  existed  immediately  before  such  territory  its  proportionate 
share  for  the  expired  part  of  the  fiscal  year. 

265g.  Public  improvements  not  stayed.]  § 7.  When  any  por- 
tion of  an  incorporated  town  is  disconnected  therefrom,  under  the  pro- 
visions of  this  act,  and  prior  to  such  division,  proceedings  had  been  insti- 
tuted for  the  purpose  of  improving  any  streets  within  such  detached 
portion,  by  special  assessment  or  special  tax,  then  and  in  such  case  such 
jiroceedings  maybe  carried  to  a finalty  whether  the  whole  improvement 
be  within  the  detached  portion  or  not.  If  the  whole  improvement  is  to 
be  made  without  the  detached  portion,  then,  the  amount  collected  by 
such  proceedings  shall  be  paid  over  to  such  new  town,  to  be  used  by  such 
town  for  the  purpose  for  which  such  proceedings  were  instituted.  If 
only  a part  of  such  improvement  is  to  be  made  within  the  detached 
territory,  then,  such  original  town  may  proceed  with  the  same  as  though 
such  division  had  not  taken  place.  When  any  portion  of  any  incorpo- 
rated town  shall  be  disconnected,  under  the  provisions  of  this  act,  then 
and  in  that  case,  any  proceedings  instituted  for  the  purpose  of  taking 
land  for  the  purpose  of  opening  any  street  or  alley  or  otlier  public  way 
within  the  territory  so  disconnected,  shall  not  be  arrested  or  stayed,  but 
the  same  may  proceed  to  a finalty,  if  the  new  town  so  elect,  and  all 
moneys  received  from  any  special  assessment  or  tax  levied  or  assessed 
for  such  purpose  shall  be  paid  over  to  the  said  new  town,  to  be  used  by 
it  for  the  purposes  for  which  the  same  was  collected,  such  proceedings 
to  be  continued  in  the  name  of  said  new  town,  with  like  force  and  effect 
as  though  said  territory  had  not  been  detached. 

265h.  Sewerage,  water,  light.]  § 8.  If  any  portion  of  any  incor- 
porated town  he  disconnected,  under  tlie  provisions  of  this  act,  such 
new  town  and  the  original  town  shall  have  the  same  use  and  benfit  of 
any  sewer,  water  works,  gas  or  electric  light  system  owned  by  said 
original  town,  from  which  such  new  town  was  disconnected,  on  the 
same  terms,  conditions  and  restrictions  that  the  territory  of  each  had 
before  such  dismemberment,  and  in  case  the  new  town  shall  become  in- 
corporated as  a village,  then  such  village  shall  succeed  to  all  the  rights 
and  privileges  and  be  subject  to  all  the  burdens  and  conditions  granted 
or  imposed  by  this  act. 

295i.  Offices ; vacancy  created,  when.]  § 9.  When  any  portion 
of  any  incorporated  town  shall  be  disconnected,  under  the  provisions  of 
this  act,  if  any  officer  of  the  town  from  which  territory  shall  be  taken 
(excepting  justices  of  the  peace  or  police  magistrates)  shall  continue  to 
reside  in  such  new  town  his  office  shall  become  vacant  and  filled  as  in 
other  cases  of  vacancy;  but  any  justice  of  the  peace  or  police  magistrate, 
duly  elected  and  qualified  and  acting  at  the  time  such  disconnection 


im 


CkM  1'71’KRIKS. 


sliall  take  efiect,  shall  continue  to  hold  his  oflice  for  the  term  for  which 
he  was  elected;  all  suits,  actions,  proceedings,  prosecutions  and  special 
proceedings  which  shall  be  pending,  in  the  territory  so  disconnected, 
l)efore  any  justice  of  the  peace  shall  be  heard  and  determined  as  though 
such  division  had  not  taken  place  and  the  said  justices  of  the  peace 
sliall  continue  to  exercise,  within  said  territory,  the  duties  of  their  re- 
sjiective  oHices  until  the  term  thereof  shall,  respectively,  expire  or  other- 
wise be  determined,  in  the  same  manner  as  though  such  disconnection 
had  not  taken  place  and  the  powers  aird  juriscliciion  of  said  justices, 
within  said  territory,  and  their  fees  and  emoluments  and  methods  of 
procedure  shall  be  the  same  as  though  such  disconnection  had  not  taken 
place.  At  the  ex})iration  of  the  term  of  such  justices  of  the  peace  or 
police  magistrates  all  dockets,  papers  and  files  of  their  respective  offices 
shall  be  filed  and  deposited  with  any  justice  of  the  peace  of  said  newly 
incorporated  town  that  the  circuit  court  of  the  county  shall  designate 
by  order  of  the  court. 

2653.  School  District  or  township.]  § 10.  Nothing  herein  shall 
be  construed  to  authorize  the  alteration  of  the  boundaries  of  any  school 
district  or  township. 


5.  CEMETERIES. 

Section.  Section. 

26G.  When  may  be  removed — expense.  269.  Lease  or  sale  of  land  for  cemetery 

267.  Power  of  city  or  village  to  establish.  purposes,  when. 

268.  Two  or  more  cities  or  villages  may  270.  Control  of  corporate  authorities. 

establish  jointly. 

An  act  to  provide  for  the  removal  of  cemeteries.  [Approved  April 
24,  1873.  In  force  July  1,  1873.  R.  S.,  1874,  cli.  21,  § 2. 

266.  When  cemetery  may  be  removed  — expense.]  § 1.  Be  it 
enacted  hy  the  jpeople  of  the  state  of  Illinois^  represented  in  the  gen- 
eral assembly.  That  whenever  any  cemetery  shall  be  embraced  within 
the  limits  of  any  town  or  city,  it  shall  be  lawful  for  the  corporate  au- 
thorities thereof,  if,  in  their  opinion,  any  good  cause  exists  why  such 
cemetery  should  be  removed,  to  cause  the  remains  of  all  persons  inter- 
red therein  to  be  removed  to  some  other  suitable  place  : Provided,  said 

corporate  authorities  shall  have  first  obtained  the  assent  of  the  trustees  or 
other  persons  having  the  control  or  ownership  of  said  cemetery,  or  a 
majority  thereof:  And,  provided  further,  that  when  such  cemetery  is 

owned  by  one  or  more  private  parties,  or  private  corporation  or  char- 
tered society,  the  corporate  authorities  of  such  town  or  citv  may  require 
the  removal  of  such  cemetery  to  be  done  at  the  expense  of  sucli  private 
parties,  or  private  corporation  or  chartered  society,  if  such  removal  be 
based  upon  their  application. 

An  act  to  amend  an  act  entitled  “An  act  to  enable  cities  and  vil- 
lages to  establish  and  regulate  cemeteries”,  approved  March  24, 
1874,  amended  by  an  act  approved  May  25,  1877,  in  force  July  1, 
1877.  [Approved  and  in  force  June  14,  1883.  L.  1883-4,  p.  55. 

§ 1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  represented 
in  the  general  assembly,  That,  an  act  entitled  “An  act  to  enable  cities 


Change  of  Name. 


149 


and  villages  to  establish  and  regulate  cemeteries”,  apj)roved  March  24r, 
ISTd,  and  amended  by  an  act  approved  May  25,  1877,  be,  and  the 
same  is  so  amended,  as  to  read  as  follows: 

267.  Power  of  city  or  village  to  establish.]  § 1.  That  any  city, 
village  or  township  in  this  state  may  establish  and  maintain  cemeteries 
within  and  without  its  corporate  limits,  and  acquire  lands  therefor,  by 
condemnation  or  otherwise,  and  may  lay  out  lots  of  convenient  size  for 
families;  and  may  sell  lots  for  family  burying  ground,  or  to  individu- 
als for  burial  purposes. 

268.  Two  or  more  cities  or  villages  may  establish  jointly.] 

§ 2.  That  any  two  or  more  cities,  villages  or  townships  in  this  state 
may  jointly  unite  in  establishing  and  maintaining  cemeteries  within  and 
without  the  corporate  limits  of  either,  and  acquire  lands  therefor  in 
common,  by  purchase,  condemnation  or  otherwise,  and  may  lay  out 
lots  of  convenient  size  for  families,  and  may  sell  lots  for  family  bury- 
ing ground  or  to  individuals  for  burial  purposes. 

An  act  to  enable  the  mayor  and  aldermen  of  certain  cities  to  lease  or 
convey  real  estate.  [Approved  April  15,  1875.  In  force  July  1, 
1875.  L.  1875,  p.  40. 

269.  Lease  or  sale  of  land  for  cemetery  purposes,  when.]  § 1. 

Be  it  enacted  hy  the  2)sople  of  the  state  of  Illinois^  represented  in  the 
general  assembly^  That,  in  all  cities  of  which  the  mayor  and  aldermen 
have  heretofore  been  incorporated  by  any  special  act,  as  a cemetery 
association,  or  body  politic,  it  shall  be  lawful,  a majority  of  their  num- 
ber assenting  thereto,  for  such  association  or  body  politic,  to  demise 
for  a term  of  years,  or  to  convey  in  perpetuity,  any  real  estate  which  it 
may  have  acquired  by  purchase  or  otherwise;  and,  the  real  estate  so 
conv'eyed  shall  be  devoted  exclusively  for  burial  or  cemetery  purposes 
by  tlie  grantee  or  lessee  thereof. 

An  act  in  relation  to  the  control  of  public  graveyards.  [Approved 
May  29,  1879.  In  force  July  1,  1879.  L.  1879,  p.  63. 

270.  Control  of  corporate  authorities.]  §1.  Be  it  enacted  hy 

the  people  of  the  state  of  Illinois^  represented  in  the  general  assembly, 
Tliat,  public  graveyards  in  this  state,  not  under  the  control  of  any  cor- 
poration, sole  organization  or  society,  and  located  within  the  limits  of 
cities,  villages,  towns,  townships,  or  counties  not  under  township  or- 
ganization, shall  and  may  be  controlled  or  vacated  by  the  corporate  au- 
thorities of  such  city,  village,  town,  township  or  county,  in  such  man- 
ner as  such  authorities  may  deem  proper,  and,  in  the  case  of  towns, 

such  control  may  be  vested  in  three  trustees,  to  be  elected  annually  by 
the  voters  of  such  town  at  the  annual  town  meeting  therein. 

6.  CHANGE  OF  NAME. 

Section.  Section. 

271.  Petition.  274.  Time  of  bearing  to  be  fixed  — notice. 

272.  Proceedings,  275.  Hearing,  on  petition  and  reinonstran- 

273.  Duties  of  secretary  of  state.  ces. 


Change  op  Name. 


I;")!) 

Section.  Section. 

27().  Order  filed  with  secretary  of  state — 278.  When  change  void. 

netice.  271).  Name  of  unincorporated  town  etc. 

277.  Rights  saved. 

All  act  to  enable  any  city,  town  or  village  in  this  state  to  change  its 

name.  [ Aiinroved  March  7,  1872.  In  force  July  1,  1872.  li.  S., 

1874,  ch.  24,  § 216. 

1,  .\t  common  law  an  incorporation  is  powerless  to  change  its  name.  The  identity 
of  name  constitiit(;s  the  principal  means  of  effecting  that  perpetuity  of  succession, 
while  its  members  are  freijuently  changing  which  is  — an  important  ])urpose  of  in- 
corporating. d’he  corporate  name,  therefore,  can  be  changed  only  by  authority 
from  that  same  power  which  created  the  thing  — able  to  bear  a name.  d"his  power 
this  act  gives.  The  ability  of  the  state  to  change  a corporate  name  is  considered  in 
Pacific  Bk.  v.  DeRoe,  37  Cal.,  535. 

271.  Petition.]  § 1.  Be  it  enacted  tyij  the  2^^ople  of  the  state  of 
Illinois^  represented  in  the  general  assemhly^  That  whenever  a petition, 
signed  by  the  qualified  electors  of  any  city,  incorporated  town  or  incor- 
porated village  of  this  state,  equal  in  ininiber  to  one-half  of  those  who 
voted  for  the  officers  therein  at  the  last  election,  shall  be  presented  to 
the  corporate  authorities  of  such  city,  town  or  village,  praying  that  the 
name  of  such  city,  town  or  village  may  be  changed,  it  shall  be  lawful 
for  siicdi  corporate  authorities  to  make  such  change  in  the  manner  here- 
inafter prescribed. 

272.  Proceedings.]  § 2.  Previous  to  the  presentation  of  the  peti- 
tion, in  the  preceding  section  mentioned,  the  name  proposed  to  be  given 
to  such  city,  town  or  village  shall  be  filed  in  the  office  of  the  secretary 
of  state,  to  be  there  retained  for  the  period  of  at  least  sixty  days  and, 
u])on  application,  the  secretary  of  state  shall,  at  any  time  after  the 
filing  of  such  name,  grant  a certificate,  stating  that  such  name  has  not 
been  given  to  any  other  city,  incorporated  town  or  incorporated  village, 
or  municipality  in  this  state,  if  such  be  the  fact;  but,  if  such  name  has 
been  adopted  by  any  other  city,  town,  village  or  municipality,  as  a)>- 
pears  from  information  in  his  office,  the  secretary  of  state  shall  so  no- 
tify the  party  or  pai-ties  making  such  application,  in  which  case  another 
name  shall  be  tiled  in  his  office,  which  name  shall  likewise  remain  for 
the  like  period  of  sixty  days;  and  no  petition  shall  be  acted  upon  by 
said  corporate  authorities  unless  accompanied  by  the  certificate  of  the 
secretary  of  state,  setting  forth  that  such  name  has  not  been  adopted 
elsewhere  in  this  state. 

1.  Tlie  provision  of  this  clause,  in  regard  to  the  corporate  name,  is  near  akin  tO' 
clause  of  the  general  incorporation  law  as  to  corporations  for  peciiniarv  profits  (see 
R.  S.,  1874,  ch.  32,  ^2;  L.  1871-2,  p.  296,  g 2). 

2.  The  statute  very  accurately  describes  the  mode  of  procedure.  It  must  be 
strictly  pursued.  The  power  to  make  the  change  is  a power  granted  by  the  stale 
and  it  must  not  be  overlooked,  as  a fundamental  principle,  that  where  the  statute', 
which  confers  the  power,  prescribes  the  manner  of  its  execution,  that  mode  must  be 
strictly  pursued  or  the  act  done  will  be  ultra  vires  the  corporation  — null  and  void 
(see  278,  infra);  Matthews  «.  Skinker,  62  Mo.,  329;  S.  P.,  Schumm  v.  tSeymour.  24 
N.  J.  E(j.,  143. 

273.  Duties  of  secretary  of  state.]  § 3.  The  secrefary  of  state 
shall,  as  soon  as  practicable  after  the  passage  of  this  act,  communicate 


Change  of  Xame. 


151 


witli  the  clerks  of  the  several  counties  of  this  state,  and  ascertain  the 
names  of  all  the  cities,  towns,  villages  or  other  municipal  corporations 
therein,  and  arrange  such  names  in  alphabetical  order  for  convenient 
reference.  Such  lists  of  names  shall  be  kept  tiled  in  his  office,  and 
sliall  be  changed  whenever  a change  of  names  shall  be  effected  under 
the  provisions  of  this  act. 

274.  Time  of  hearing  to  be  fixed  — notice.]  § 4.  At  any  meet- 
ing of  the  corporate  authorities  of  any  city,  incorporated  town  or  in- 
corporated village,  after  the  presentation  of  the  petition  herein  pro- 
vided, such  corporate  authorities  shall  fix  the  time  when  such  petition* 
shall  be  considered,  and  order  notice  of  the  presentation  thereof  to  be 
given,  by  publishing  such  notice  for  three  successive  weeks  in  some 
newspaper  having  a general  circulation  in  such  city,  town  or  village. 
Such  notice  shall  state. that  a change  of  the  name  of  such  city,  town  or 
village  has  been  prayed  for,  and  the  time  when  action  on  said  petition 
will  be  had,  at  which  time  remonstrances,  if  anj",  will  be  heard. 

275.  Hearing,  on  petition  and  remonstrances.]  § 5.  At  the  time 
fixed  in  the  notice  provided  for  in  the  preceding  section,  or  if,  from  any 
cause,  action  thereon  is  not  taken,  such  petition  praying  for  a change 
of  name  shall  be,  with  all  remonstrances,  heard  at  any  subsequent 
meeting  of  the  corporate  authorities  of  any  such  city,  town  or  village ; 
and,  if  said  corporate  authorities  are  satisfied  that  such  change  of  name 
is  necessar}^  and  proper,  they  shall  thereupon  make  an  order  changing 
the  name  of  such  city,  town  or  village,  and  adopting  the  name  prayed 
for  in  such  petition. 

276.  Order  filed  with  secretary  of  state  — notice.]  § 6.  If  said 
change  of  name  is  made,  said  corporate  authorities  shall  cause  a copy  of 
tne  order  making  such  change  to  be  filed  in  the  office  of  the  secretary 
of  state,  who  shall  thereupon  make  known  the  fact  of  such  change,  by 
publication  in  some  newspaper  of  the  county  in  which  such  city,  town 
or  village  is  situated  and,  also,  in  some  newspaper  in  the  city  of  Chi- 
cago; and  all  the  courts  of  this  state  shall  take  judicial  notice  of  the 
change  thus  made. 

277.  Rights  saved.]  § 7.  No  thing  in  this  act  contained  shall  affect 
the  rights  or  privileges  of  such  city,  town  or  village,  or  those  of  any 
person,  as  the  same  existed  before  such  change  of  name.  And,  all  pro- 
ceedings pending  in  any  court  or  place  in  favor  of  or  against  said  city, 
town  or  village,  may  be  continued  to  final  consummation  under  the 
name  in  which  the  same  was  commenced. 

1.  As  to  the  effect  of  the  change  of  name  the  statute  simply  permits  it.  It  does 
not  change  the  responsibility  of  the  corporation  under  its  original  style  — nor  does  it’ 
create  a distinct  corporation;  Morris  v.  St.  P.  etc.  Ry.  Co.,  19  Minn.  ,528;  S.  C.,  4 
Amer.  Corp.  Cases,  501;  Dean  v.  LaMotte  Lead  Co.,  59*  Mo.,  523;  S.  C.,  8 Amer.  Corp. 
Cases,  138.  It  leaves  to  the  corporation  all  liabilities  theretofore  incurred ; so.  that,  if 
change  is  effected  pending  a suit  against  the  corporation  and  such  suit  shall  proceed 
to  judgment  — without  suggestion  of  change  of  title  — in  the  original  name,  it  is  too 
late,  after  such  judgment,  to  set  up  a plea  nul  tiel  corporation;  Water  Cock  Co.  v. 
Brunswick,  53  Ga.,  30. 

2.  A mere  change  in  the  corporate  name  does  not  affect  the  rights  or  liabilities  of 
a corporation.  If,  under  the  legislative  act,  by  which  the  change  is  effected,  these 


City  Courts. 


liabilities  and  rights  are  reserved,  the  reservation  is  no  more  than  the  affirmation  of 
that  which  the  law  would  imply  in  the  aljsence  of  the  n;servation;  Trustees  etc.  v. 
Moody,  0 Amer.  Corj).  Cases,  IGO;  S.  C. , 02  Ala.,  3HU. 

2.  An  act  of  the  legislature  that  any  university  or  college,  organized  under  the 
])rovision  of  any  special  charter  etc.,  may,  by  a majority  of  its  board  of  directors, 
change  its  name — if  done  before  a day  stated  — is  not  unconstitutional.  It  is  not  a 
local  law.  It  does  not  amend  the  charter.  It  does  not  create  a new  corporation. 
Ilazelett  v.  Butler  Cuiv.,  U Amer.  Corp.  Cases,  252;  S.  C.,  84  Ind.,  2'dO. 

278.  When  change  void.]  § 8.  If  the  name  of  any  such  city, 
town  or  village  shall  be  changed  contrary  to  or  without  complying 
with  the  ])rovisions  of  this  act,  such  change  shall  be  void;  and  all  pro- 
ceedings instituted  or  acts  done  in  such  name  as  changed,  shall  be  void 
and  held  for  naught  in  the  courts  of  this  state. 

1.  See  note  2,  to  § 272. 

279.  Name  of  unincorporated  town  etc.]  § 9.  When  the  plat  of, 
any  unincorporated  town  or  village  shall  be  placed  upon  record  in  any 
county  of  this  state,  the  circuit  court  of  said  county  shall  have  power, 
at  any  regular  term  of  said  court,  to  change  the  name  of  such  unincor- 
porated town  or  village,  upon  the  petition  of  a majoritj'  of  the  legal 
voters  residing  within  the  limits  of  such  town  or  village:  Provided, 
notice  of  the  proposed  change  of  name  shall  be  filed  in  the  office  of  the 
secretary  of  state,  as  provided  in  section  two  of  this  act. 

7.  CITY  COURTS. 


Section. 

280.  Style  of  court  — jurisdiction. 

281.  Seal. 

282.  Place  of  boldiug. 

28;l.  Stationery. 

284.  Election  and  qualification  of  judge — 

powers — vacancy. 

285.  Interchange  of  judges. 

280.  Clerk. 

287.  Duties  of  sheriff — state’s  attorney. 

288.  Master  in  chancery. 

280.  Terms  of  court. 

290.  Adjournments. 

291.  Appeals  from  justices — certiorari. 


Section. 

292.  Recognizances — city  prison  etc. 

293.  Change  of  venue. 

294.  Writs — orders — judgments  etc. 

295.  Transcript  of  judgment  record. 
290.  Transcript  fees. 

297.  Appeal — error, 

298.  Fees  of  jurors,  how  paid. 

299.  Courts  continued. 

300.  Courts,  how  established. 

301.  Election  of  judge  and  clerk. 

302.  Salary  of  judge. 

303.  Salary  of  prosecuting  attorney. 


All  act  in  relation  to  courts  of  record  in  cities.  [Approved  March  26, 

1874.  In  force  July  1,  1874.  R.  S.,  1874,  ch.  37,  § 240. 

1.  This  statute  had  the  effect,  under  the  constitution  of  1870  (art.  0,  ^ 1),  to  repeal 
all  prior  acts  creating  city  courts.  Such  courts  established  before  the  constitution 
was  adopted  no  longer  exist;  (see,  however,  § 299)  the  courts  under  the  statute  being 
intended  to  supersede  the  city  courts  created  under  the  constitution  of  1848;  Frantz 
r.  Fleitz,  85  111.,  302. 

280.  Style  of  court — jurisdiction.]  § 1.  Be  itenacted  ly  the  peo- 
ple of  the  state  of  Illinois^  represented  in  the  general  assembly^  The 
several  courts  of  record  now  existing  in  and  for  cities,  and  such  as  may 
hereafter  be  established  by  law,  in  and  for  any  city  in  this  state,  shall 
severally  be  styled  ‘‘The  City  Court  of  (name  of  city)”,  and  shall  have 


City  Courts. 


153 


concurrent  jurisdiction  witli  the  circuit  courts  within  the  city  in  which 
the  same  may  be,  in  all  civil  cases  and  in  all  criminal  cases,  except  trea- 
son and  murder,  and  in  appeals  from  justices  of  the  peace  in  said  city; 
and  the  course  of  proceedings  and  practice  in  such  courts  shall  be  the 
same  as  in  the  circuit  courts,  so  far  as  may  be. 

1.  A municipal  court,  altbougli  an  inferior  court,  is,  at  common  law  [and  by  this 
sUitute]  a superior  court  of  general  jurisdiction  non  obstante  the  limit  to  its  jurisdic- 
tion territorially.  Jurisdiction  is  presumed — on  review  — unless  the  contrary  is 
made  to  appeal.  Appearance  and  plea  admit  the  jurisdiction;  Vance  v.  Funk,  2 Scam. , 
2ii3;  Beaubien  v.  BrinckerhofE,  2 Scam.,  270;  Hamilton  r.  Holmes,  2 Scam.,  276;  Beau- 
bien  v.  Holmes,  2 Scam.,  276;  Hunter  y.  Sliermau,  2 Scam.,  539;  Hubbard  v.  Harris, 
2 Scam.,  279. 

2.  The  jurisdiction  of  the  common  pleas  court  of  Sparta  being  limited  to  the  city  of 
Sparta,  a writ  to  summon  served  on  a defendant  if  found  in  the  county  would  not  be 
void.  The  service  would  be  defective  unless  it  appears,  by  the  return,  to  have  been 
made  in  the  city;  Gardner  v.  Witbord,  59  111.,  145. 

3.  An  affidavit  can  not  give  jurisdiction  to  a court  to  send  its  process  out  of  its 
county.  The  jurisdiction  — if  it  exist  — must  appear  from  the  declaration;  Shepard 
y.  Ogden,  2 Scam.,  257. 

4.  Appearance  by  attorney  gives  a court  jurisdiction  of  a party  beyond  the  reach 
of  its  process;  Martin  y.  Judd,  60  111.,  78. 

5.  A declaration  in  assumpsit,  in  the  municipal  court  of  Chicago,  in  a case  where 
process  is  served  on  a defendant  out  of  Cook  county  and  in  the  county  where  he  re- 
sides, should  sho  w that  the  contract  was  specially  made  payable  in  the  city  of  Chicago, 
or  that  the  plaintiff  resides  in  that  county  and  that  the  cause  of  action  arose  therein. 
A general  statement,  in  the  declaration,  under  a videlicet,  that  on  a particular  day 
and  at  a particular  place  the  defendant  was  indebted  to  plaintiff,  is  no  averment  that 
the  cause  of  action  arose  in  that  place;  Shepard  v.  Ogden,  2 Scam.,  257. 

281.  Seal.]  § 2.  Sueh  courts  shall  have  a seal,  and  may,  from  time 
to  time,  as  may  be  necessary,  renew  the  same  ; the  expense  of  such  seal, 
and  renewing  the  same,  shall  be  paid  by  the  city  in  which  such  court  is 
or  may  be  established. 

282.  Place  of  holding.]  §3.  Such  court  shall  beheld  at  such  place 
in  said  city  as  may  be  provided  by  the  corporate  authorities  thereof  ; but, 
if  such  place  shall  become  unfit,  or  if  no  place  shall  be  provided  by  such 
authorities,  the  court  may,  by  an  order  to  be  enter(;d  of  record,  adjourn 
to  or  convene  at  a suitable  place  for  the  bolding  of  a court  within  said 
city,  and  at  such  place  may  bold  said  court  until  a suitable  place  there- 
for be  furnished  by  such  corporate  authorities,  the  expense  whereof 
shall  be  borne  by  said  city. 

283.  Stationery.  ] §4:.  All  blanks,  books,  papers,  stationery  and 

furniture  necessary  to  the  keeping  of  a record  of  the  proceedings  of  such 
court,  and  the  transaction  of  the  business  thereof,  shall  be  furnished 
the  officers  of  such  court  by  the  corporate  authorities,  at  the  expense  of 
the  city. 

284.  Election  and  qualification  of  judge  — powers  — vacancy.] 

§ 5.  The  judges  of  such  courts,  respectively,  shall  be  elected  by  the 
qualified  voters  of  such  city  in  the  same  manner  that  the  city  officers  of 
such  city  are  elected,  but  not  at  the  same  time,  and  shall  hold  their 
offices  for  the  term  of  four  years  and  until  their  successors  are 
elected  and  qualified.  They  shall  qualify  and  be  commissioned  in 
the  same  manner,  be  vested  with  the  same  powers  and  perform  the 
same  duties  as  circuit  judges,  and  be  styled  “Judge  of  the  City  Court 
20 


154 


City  Courts. 


of  (name  of  city)”.  Vacancies  in  sncli  office  shall  be  filled  for  the  nn- 
exj)ired  term,  at  a s])ecial  election,  to  he  called  and  held  hy  the  same 
authority  and  in  the  same  manner  that  other  city  elections  may  he  held, 
where  such  unexpired  term  exceeds  one  year  ; hut,  where  the  same  does 
not  exceed  one  year,  such  vacancy  shall  he  filled  hy  appointment  hy  the 
governor. 

285.  Interchange  of  judges.]  §6.  Such  judges,  with  like  privi- 
leges as  circuit  judges,  may  interchange  with  each  other,  and  with  the 
judges  of  circuit  courts,  and  may  hold  court  for  each  other,  and  per- 
form each  other’s  duties  when  they  find  it  necessary  or  convenient. 

1.  The  statute,  in  respect  hereof,  is  as  follows;  “ ^ 22.  Judges  of  the  several 
circuit  courts,  of  this  state,  may  interchange  with  each  other  and  with  the  judges  of 
the  superior  court  of  Cook  county  and  the  judges  of  said  circuit  courts  and  of  the 
superior  court  of  Cook  county  may  hold  court,  or  any  branch  of  the  court,  for  each 
other  and  perform  each  other’s  duties,  where  they  find  it  necessary  or  convenient”  ; 
R.  S.,  1874,  ch.  37,  § 22. 

2.  While  the  constitution  (art.  6,  ^ 3)  requires  each  circuit  judge  to  reside  in  the 
circuit  in  which  he  is  elected,  it  does  not,  in  terms  or  by  implication,  prohibit  such 
judge  from  holding  court  in  another  circuit,  in  such  manner  as  may  be  prescribed  by 
law;  Jones  V.  Albee,  70  111.,  34. 

3.  The  judge  of  any  circuit  court  in  this  state  is  authorized  to  hold  a branch  term 
of  the  superior  court  of  Cook  county.  The  statute  infringes  no  constitutional  pro- 
vision; Wadhams  v.  Hotchkiss,  80  111.,  437;  Bradley  v.  Barbour,  74  111.,  475. 

286.  Clerk.]  § T.  There  shall  be  elected,  in  like  manner  as  judges  are 

elected,  for  each  of  such  courts,  a clerk,  who  shall  hold  his  office  for 
the  term  of  four  years  and  until  his  successor  shall  be  elected  and 
qualified.  He  shall  be  commissioned,  have  the  same  powers,  perform  the 
same  duties,  be  subject  to  the  same  liabilities,  and  be  entitled  to  like  fees 
as  are  now,  or  may  hereafter,  from  time  to  time,  be  ])rovided  by  law 
in  regard  to  circuit  clerks,  in  the  countv  in  which  such  city  may  be 
situate.  Vacancies  in  such  office  shall  be  filled,  for  the  unexpired  term, 
at  a special  election,  to  be  called  and  held  by  the  same  authority  and  in 
the  same  manner  that  other  city  elections  may  be  held,  where  such  un- 
expired term  exceeds  one  year ; but  where  the  same  does  not  exceed 
one  year,  such  vacancy  sliall  be  filled  by  the  court:  Provided,  that  a 

clerk,  pro  tempore,  may  be  appointed  by  the  judge  thereof,  when 
necessaiT. 

287.  Duties  of  sheriff — state’s  attorney.]  § 8.  The  sheriff  and 
state’s  attorney  of  the  county  in  which  such  city  may  be  situate,  shall 
each  perform  the  same  duties  in  said  court,  and  in  respect  thereto  and 
the  process  thereof,  and  have  the  same  powers,  be  subject  to  the  same 
liabilities  and  penalties,  and  be  entitled  to  the  same  fees  as  in  the  circuit 
court  of  such  county  ; and  the  sheriff  shall  appoint  one  or  more  depu- 
ties for  such  court,  for  the  convenience  of  the  business  therein,  who 
shall  reside  in  the  city  where  such  court  is  established;  and  the  judge 
of  such  court  shall  have  power  to  appoint  a state’s  attorney,  ]>ro 
tempore,  in  any  of  the  cases  where  the  circuit  court  or  the  judge 
thereof  may  appoint. 

288.  Master  in  chancery.]  § 9.  A master  in  chancery  for  such 
court  shall  be  appointed  by  the  judge  thereof,  who  shall  hold  his  office 


City  Courts. 


155 

for  the  same  time,  qualify  in  the  same  manner,  be  subject  to  the  same 
liabilities,  have  the  same  powers,  perform  the  same  duties,  and  be  en- 
titled to  the  same  fees  and  compensation,  with  respect  to  said  court  and 
• matters  therein,  as  other  masters  in  chancery. 

289.  Terms  of  court.]  § 10.  There  shall  be  two  or  more  regular 

terms  of  such  court  in  each  .year,  to  be  held  at  such  times  as  may  be 
fixed  by  an  order  of  the  court,  from  time  to  time,  and  entered  of  record, 
which  order  shall  be  published  in  some  newspaper  published  in  such 
city  at  least  forty  da\’s  before  holding  the  first  term  of  court  under  the 
same ; and  said  order  shall  not  be  changed  subsequently,  except  by  an 
order  of  court  entered  of  record  at  the  term  preceding  said  change, 
and  published  in  a like  manner.  Special  terms  may  he  called  and  held 
in  the  same  manner,  and  with  like  effect  as  special  terms  of  the  circuit 
courts,  and  subject  to  the  same  limitations : Provided,  that  in  the  city 

of  Chicago,  should  such  a court  be  established  therein,  there  shall  be 
held  a term  of  such  court  every  month  in  the  year,  commencing  upon 
the  first  Monday  of  each  month,  and  no  order  of  court  or  publication 
shall  be  necessary  in  order  to  hold  such  terms. 

290.  Adjournments.  I §li-  The  same  rules  in  regard  to  the  ad- 
journment of  such  courts  upon  the  non  attendance  of  a judge  thereof, 
as  are  or  may  be  provided  by  law  in  regard  to  circuit  courts,  shall  apply 
to  such  courts;  and  the  said  city  courts,  and  the  judges  thereof,  shall 
have  the  same  power,  with  respect  to  adjournments,  as  the  circuit  courts 
and  the  judges  thereof  now  or  hereafter  may  have  by  law,  and  the  ad- 
journmeut  of  a term  in  such  courts  shall  have  the  like  effect  of  an 
adjournment  in  the  circuit  courts. 

1.  In  respect  hereof  it  is  provided,  by  Revised  Statutes,  1874,  chapter  37,  as  fol- 

lows:  18.  The  circuit  courts,  of  the  several  counties  of  this  state  . . . when 

lawfully  in  session,  may  adjourn  from  day  to  day,  or  to  any  day  not  beyond  the  first 
day  of  the  next  term  of  court.  § 20.  If  at  any  time  after  the  opening  of  court  for 
the  term  no  judge  of  the  court  is  present  at  the  time  and  place  of  holding  court,  the 
sheriff  of  the  county,  or  his  deputy,  may  adjourn  the  court,  from  day  to  day,  or,  upon 
the  written  order  of  the  judge,  from  time  to  time,  and  shall  give  notice  of  such 
adjournment  by  making  proclamation,  in  the  court  house,  and  by  notification  posted 
on  the  door  of  the  court  house.  ^ 21.  All  causes  and  proceedings  pending  and  undis- 
posed of  in  any  of  said  courts  at  the  end  of  a term  shall  stand  continued  till  the  next 
term  of  the  court 

2.  The  judge  of  a circuit  court  has  power  to  adjourn  its  sessions  for  such  short 
periods  as,  in  his  discretion,  may  seem  proper.  An  adjournment  over  two  days  is 
not  error;  Cook  v.  Skelton,  20  111.,  107. 

3.  Adjournment  of  circuit  court  by  the  sheriff,  from  day  to  day,  by  order  of  a 
judge  made  on  the  first  day  of  the  term,  trial  judge  being  present  on  the  third  day 
of  term,  is  proper;  Bressler  v.  People,  117  III.,  429. 

4.  Adjournment  of  circuit  court,  from  day  to  day,  by  the  sheriff  by  order  of  a 
judge  of  the  circuit,  the  trial  judge  being  present  on  the  third  day  of  term,  does  not 
affect  the  jurisdiction  to  try  a criminal  case;  Bressler  v.  People,  117  111.,  429. 

•7.  All  causes  undisposed  of  on  the  docket  of  a circuit  court,  in  which  no  order 
for  a continuance  is  entered,  are  continued,  by  operation  of  law,  to  the  next  term,  by 
the  adjournment  of  the  court;  Updike  v.  Armstrong,  3 Scam.,  564. 

291.  Appeals  from  justices  of  the  peace  — certiorari.]  §12. 

Appeals  may  be  taken  from  tlie  judgment  of  justices  of  the  peace  or 
police  magistrates  in  such  city  to  the  city  court,  and  writs  of  certiorari 


15C 


City  Courts. 


may  issue  to  reinove  causes  from  before  such  officers  to  the  city  court, 
au(l  tliere  be  heard  and  determined,  as  in  like  cases  in  the  circuit  court. 

292.  Recognizances  — city  prison  etc.]  § 13.  All  recognizances 
taken  by  any  justice  of  the  peace,  police  magistrate,  or  other  officer  in- 
the  city,  in  criminal  cases,  when  the  offense  is  committed  in  the  city, 
except  treason  and  murder,  may  be  made  returnable  to  the  city  court 
of  such  city;  and,  in  all  such  cases  the  defendant  shall  be  temporarily 
detained  in  the  city  pi’ison  or  bridewell,  instead  of  the  county  jail. 

293.  Change  of  venue. J § 14.  Change  of  venue  from  city  courts, 
for  the  same  causes  and  in  the  same  manner,  may  be  taken  as  from  cir- 
cuit courts,  and  the  cases  sent  to  the  circuit  court  of  the  county,  or  to 
some  other  convenient  court  of  record,  where  the  cause  complained  of 
does  not  (ixist. 

294.  Writs  — orders — judgments  etc. — lien  after  transcript 
filed  in  circuit  court.]  § 15.  The  writs  and  process  of  city  courts  shall 
be  issued  and  executed  in  the  same  manner,  and  shall  have  the  same 
force  and  effect,  except  as  limited  by  this  act,  as  the  writs  and  process 
of  circuit  courts.  Orders,  judgments  and  decrees  of  city  courts  shall 
have  the  same  force,  be  of  the  same  effect,  and  be  executed  and  enforced 
in  the  same  manner  as  the  judgments,  orders  and  decrees  of  circuit 
courts;  but,  such  judgments  and  decrees  shall  be  a lien  upon  real  estate 
in  such  cdy,  and  the  county  whei*ein  such  city  is  situate,  only  after  a 
certified  transcript  of  the  same  shall  have  been  filed  in  the  office  of  the 
circuit  clerk  of  the  county;  which  transcript  shall  contain  the  names 
of  the  parties  to  the  suit,  the  kind  of  action,  the  amount  of  the  judg- 
ment, or  the  general  natm-e  and  effect  of  the  decree,  as  the  case  may 
be,  and  the  term  and  time  at  which  the  suit  was  disposed  of. 

295.  Transcript  book.]  § 16.  The  clerk  of  the  circuit  court  of  the 
county  shall  provide  and  keep  in  his  office,  for  each  city  court  in  his 
county,  a well  bound  book  or  books,  for  entering  therein  an  alphabet- 
ical docket  of  all  judgments  and  decrees  rendered  in  said  city  courts,  as 
is  now  required  by  law  for  docketing  judgments  and  decrees  rendered 
in  the  circuit  court ; and  shall,  forthwith,  after  the  filing  of  anj^  such 
certificate,  enter  the  same  therein,  together  with  the  hour,  day,  month 
and  year  of  the  filing  of  such  certificate,  and  the  general  number 
theieof. 

296.  Transcript  fees.]  § 17.  In  addition  to  the  fees  now  allowed 
by  law,  the  clerk  of  the  said  city  courts  shall  be  allowed  to  charge  and 
receive  a fee  of  fifty  cents  for  each  certified  transci’ipt.  as  aforesaid,  and 
the  clerk  of  the  circuit  court  shall  be  allowed  to  charge  and  receive  a 
fee  of  fifty  cents  for  filing  and  entering  the  same. 

297.  Appeal  — error.]  § 18.  Appeals  may  be  taken  and  writs  of 
error  prosecuted  from  city  courts  to  the  supreme  court,  the  same  as  in 
like  cases  from  circuit  courts. 

298.  Fees  of  jurors,  how  paid.]  § 19.  The  fees  of  the  grand  and 
petit  jurors  of  such  courts  shall  be  paid  out  of  the  city  treasury  of  the 
city  in  which  such  courts  are  respectively  situated,  upon  the  certificate 
of  the  clerk  of  the  respective  courts. 


City  Courts. 


157 


299.  Courts  continued.]  § 20.  Tlic  several  courts  of  record  now 
established  in  and  for  cities,  are  hereby  continued,  under  the  name  and 
style  of  “ the  city  court  of  (name  of  city)  ”,  with  all  the  powers  and 
jurisdiction  conferred  by  this  act. 

300.  Courts,  how  established.]  § 21.  A city  court  consistino^  of  one 
or  more  judges,  not  exceeding  live,  and  not  exceeding  one  judge  for  every 
fifty  thousand  inhabitants,  may  he  organized  and  established  under  this 
act  in  any  city  which  contains  at  least  three  thousand  inhabitants, 
whenever  the  common  or  city  council  shall  adopt  an  ordinance  or  reso- 
lution to  submit  the  question  whether  such  court  shall  be  established 
consisting  of  one  or  more  judges,  not  exceeding  five,  as  maj"  be  speci- 
fied in  such  ordinance  or  resolution,  to  the  qualified  voters  of  such  city, 
and  two-thirds  of  the  votes  cast  at  such  election  shall  be  in  favor  of  the 
establishment  of  such  court.  Where  such  court  is  established  with 
more  than  one  judge,  each  judge  may  hold  a separate  branch  thereof  at 
the  same  time,  and  when  holding  such  separate  branch,  each  judge  may 
exercise  all  the  ])owers  vested  in  such  courts;  such  elections  shall  be 
held  and  conducted,  the  returns  thereof  made  and  canvassed,  and  the 
result  declared  in  the  same  manner  as  other  city  elections.  To  discon- 
tinue and  disestablish  any  such  court,  precisely  the  same  modes  of  pro- 
cedure shall  be  requisite  and  necessary  and  be  resorted  to  as  for  the 
organization  of  such  court.  In  the  event  of  the  discontinuance  and 
disestablishment  of  any  such  court,  the  clerk  thereof  shall  transfer  and 
deliver  to  the  circuit  court  of  the  county  in  which  such  city  court  is 
situated,  all  records,  judgments  and  processes  in  possession  of  himself 
or  of  any  other  officer  of  said  city  court,  and  the  circuit  court  shall 
thereupon  acquire  and  be  vested  with  jurisdiction  in  the  matters  to 
which  said  records,  judgments  or  j)rocess  i-elate,  and  may  be  dealt  with 
as  original  records  of  such  circuit  court : Provided,  it  shall  be  lawful 
for  the  city  council  in  any  city  Avhere  a city  court  has  been  established 
under  this  act,  and  there  is  no  judge  or  clerk  of  such  court  residing 
within  such  city,  and  such  court  has  ceased  to  do  business  for  two  years 
or  more,  to  pass  an  ordinance  or  resolution  abolishing  such  court  and 
authorize  the  city  clerk  of  such  city  to  transfer  and  deliver  the  records, 
judgments  and  process  of  such  court  to  the  circuit  court  of  the  county 
in  which  such  city  is  situated  in  like  manner  and  with  like  effect  as  if 
such  had  been  transferred  by  the  clerk  of  such  city  court.  [As  amended 
by  act  approved  June  5,  1889.  In  force  July  1, 1889.  L.,  1889,  p.  10 J. 

301.  Election  of  judge  and  clerk.]  §22.  Whenever  the  establish- 
ment of  a city  court  shall  be  authorized,  as  provided  in  the  foregoing 
section,  it  shall  be  the  duty  of  the  corporate  authorities  to  order  an 
election  for  judge  and  clerk ; and  when  the  judge  and  clerk  shall  be 
duly  elected,  qualified  and  commissioned,  such  court  shall  be  deemed 
organized  and  established  according  to  law. 

An  act  concerning  fees  and  salaries,  and  to  classify  the  several  counties 

of  this  state  with  reference  thereto.  [Approved  March  29, 1872.  In 

force  Julv  1,  1872.  L.  1871-2.  p.  42,  as  the  title  is  amended  l)y  act 

ajiproved  March  28, 1874.  In  force  July  1, 1874.  L.  1873-4,  p.  105. 


158 


Drainage  and  Sewerage. 


302.  Salary  of  judge.]  § 5.  Judges  of  inferior  courts  of  record  in 

towns  and  cities  shall  be  allowed  and  I’eceive,  in  lien  of  all  other  fees, 
])er(|uisites  or  benefits  whatsoever,  in  cities  and  towns  having  a popula- 
tion not  exceeding  five  thousand  (5,000j  irdiabitants,  five  hundred  dol- 
lars ($50(1) ; and  in  cities  or  towns  having  more  than  five  thousand 
(5,000)  inhabitants,  fifteen  hundred  dollars  ($1,500),  to  be  ])aid  out  of 
the  city  or  town  treasury:  Provided,  that  in  cities  having  a popula- 

tion of  one  hundred  thousand  (100,000)  or  more,  the  city  or  common 
council  may  give  such  additional  compensation,  to  be  }>aid  out  of  the 
city  or  town  treasury,  to  the  judge  or  judges  of  such  court,  as  shall  be 
deemed  reasonable,  not  exceeding  a sum  sufficient  to  make  the  entire 
salary  five  thousand  dollars  ($5,000),  which  additional  compensation 
shall  he  fixed  ])rior  to  the  election  of  such  judge  or  judges,  and  shall 
he  provided  for  in  the  annual  appropriation  ordinance  of  each  year, 
and  shall  not  he  increased  or  diminished  during  the  term  of  office  of 
such  judge  or  judges.  (k)unty  judges  shall  he  allowed  such  salary  as 
shall  be  fixed  by  their  respective  boards,  to  l)e  paid  out  of  the  county 
treasury.  [As  amended  by  act  approved  May  11,  1877.  In  force 
July  1,  1877.  L.  1877,  p.  i03. 

303.  Salary  of  prosecuting  attorney.]  § G.  That  each  prosecut- 
ing attorney  of  such  inferior  court,  other  than  the  state’s  attorney, 
shall  he  allowed  and  receive,  in  full  compensation  foi*  all  services  ren- 
dered as  pi’osecuting  attorney  of  such  court,  an  annual  salary  of  $250, 
to  he  paid  by  the  town  or  city. 


8.  DRAIT7AGE  AND  SEWERAGE. 


Section. 

804,  Improvement  districts — grade — spe- 

cial assessment. 

805.  Corporate  authorities,  duty  of — sur- 

vey— cost  of  work 

306.  Pistrict  may  issue  bonds  — manner 

of  proceeding. 

307.  Interest  and  i>rincipal  of  bonds,  Iiow 

paid, 

308.  Railroad  company’s  liability. 

309.  When  property  belongs  to  a minor. 

310.  Ilow  powers  exercised  and  construed. 

311.  Rights  of  bond  holders. 

312.  Chicago  drainage  district  organized. 
813.  Power  of  corporate  authorities. 

314.  Desplaiues  river — diversion  of  water. 

315.  Dam  across  Mud  lake. 

316.  Acquisition  of  way — construction  of 

cut  off. 

317.  Eminent  domain. 

818.  Sanitary  districts — ])roceediug  to  or- 
ganize. 

319.  Judicial  cognizance  thereof — election 

of  officers. 

320.  Elections  of  officers. 

321.  Powers  and  duties  of  trustees  and 

officers — compensation — rules  and 
regulations. 


Section. 

32 2 . O r d i u a n ce s — a p p r o p ri  at i on  s , 

323.  Ordinances,  how  proved. 

324.  Docks  on  navigable  channels — con- 

trol of  water  power,  channels  and 
outlets. 

325  Acquisition  of  right  of  way. 

326.  Power  to  borrow  money — limitation. 

327.  Tax  to  pay  intere.st  and  principal  of 

debt. 

328.  Contracts  for  work,  how  made  — 

aliens—  day’s  labor,  eight  hours. 

329.  Tax  levy — limitation. 

330.  Special  or  general  tax — assessment 

and  collection. 

831.  Assessments  by  instalment — proceed- 
ing- 

332.  Bonds  in  anticipation  of  taxes  due. 

333.  Eminent  domain — compensation  — 

preferred  claims. 

334.  Damages  to  public  ]>roperty — use  of 

Illinois  and  Michigan  canal. 

335.  Cost  of  acquiring  right  of  way. 

836.  Damage  by  overflow — notice  of  suit 
— compromise, 

337.  Dilution  of  sewage. 

338,  Violation  of  last  section — prosecu- 

tions. 


Drainage  and  8e\vei{age. 


159 


Section.  Section. 

335).  Legislative  riglit  to  repeal  or  amend.  344  a,  Chicago  sanitary  district — police 

340.  Capacity  of  channel — its  increase — powers. 

removal  of  obstructions  in  rivers.  845.  Sewerage  fund  tax. 

341.  (’ompleted  channel  a navigable  346.  Municipalities  may  contract  with 

stream.  each  other  for  .sewerage. 

342.  L"se  of  channel — its  increase.  347.  Contracts,  how  made, 

343.  Water  supi)lies,  how  furnished.  348.  Power  to  erc'Ct  drainage  works  etc. 

344.  Inspection  of  channel  — defects  of  849.  Works  erected  by  special  assessment. 

construction.  350.  Mode  of  procedure. 

All  act  to  divide  cities  and  villages  subject  to  overflow  and  inundation 
into  improvement  districts,  and  to  provide  ways  and  means  to  raise 
the  streets,  lots  and  blocks  above  the  line  of  overflow.  [Approved 
and  in  force  May  29,  1883.  L.  1883,  ]).  bO. 

304.  Improvement  districts — grade — special  assessment.]  § 1. 

Be  it  enacted  hy  the  people  of  the  state  of  Illinois,  ^represented  in  the 
general  assemhly : Any  city  or  village  of  this  state  incorporated  under 
the  general  law  for  the  incorporation  of  cities  and  villages,  or  under 
any  special  charter,  the  site  of  which  is  wliolly  or  partially  subject  to 
overflow,  and  which  site  is  or  may  be  surrounded  in  whole  or  in  part 
by  levees,  dykes  or  embankments  to  ])revent  overflow,  may  lay  off  such 
city  or  village,  or  any  part  thereof,  into  what  shall  be  known  or  called 
improvement  districts,  and  may  fix  the  grade  of  the  streets,  avenues, 
alleys  or  public  grounds,  within  such  improvement  district  or  districts, 
at  a height  above  the  natural  surface  of  the  earth  to  correspond  with 
the  height  of  the  levees,  dykes  or  embankments  surrounding  or  partially 
surrounding  such  city  or  village,  or  above  if  deemed  necessary,  in  such 
manner  and  to  such  lieight  as  will  give  a surface  drainage  from  such  im- 
provement district  to  the  river  or  rivers  wliich  cause  such  overflow,  and 
may  recpiire  low  lots,  blocks  or  parts  of  blocks  or  lots,  within  such  im- 
provement district,  to  be  filled  in  such  manner,  as  to  prevent  water 
from  standing  thereon,  and  so  as  to  prevent  the  same  from  becoming  a 
nuisance  or  injurious  to  tlie  public  health,  in  the  judgment  of  the  cor- 
porate authoritic  s of  such  city  or  village.  The  work  hereby  author- 
ized shall  be  dmie  by  special  assessment  or  special  taxation,  and  all  the 
power  in  relation  to  special  assessments  or  special  taxation  heretofore 
granted  to  any  city  or  village  in  this  state,  or  to  any  drainage  or  im- 
})rovement  distrii  t in  this  state,  is  hereby  granted  to  such  cities  and  vil- 
lages under  this  act. 

305.  Corporate  authorities,  duty  of — survey  — cost  of  work.] 

§ 2.  \Vhen  any  such  improvement  district  shall  be  created,  by  ordinance, 
under  this  act,  it  shall  be  the  duty  of  the  corporate  authorities  to  cause 
an  accurate  survey  of  the  work  contemplated  to  be  done  or  made,  to  be 
made  by  a competent  civil  engineer,  and  cause  plats,  profiles,  and  esti- 
mates of  the  work  to  be  done,  including  the  cost  of  all  walls  or  other 
structures  necessary  to  be  built  or  constructed  to  hold  the  earth  to  its 
proper  place,  and  the  cost  of  the  work  opposite  to,  or  adjacent  to  each 
lot  in  such  district  and  the  cost  of  the  fill  upon  each  and  every  lot 
within  such  district  necessarv  to  be  filled  to  be  used  in  estimatinor  the 


IGO 


Drainage  and  Sewerage. 


benefits  to  be  cliarged  against  tlie  lot  or  block,  or  parts  thereof,  within 
such  improvement  district;  and,  in  estimating  such  benefits  it  shall  be 
])roper  to  take  into  consideration  the  benetit  any  such  lot,  block  or  parts 
thereof,  will  receive  by  reason  of  being  secured  from  overflow,  or  sipe 
water. 

306.  District  may  issue  bonds  — manner  of  proceeding.]  ^ 3. 
When  any  such  imj)rovement  district  or  districts  has  or  have  been  laid 
out  and  defined  by  any  such  city  or  village,  and  tlie  cost  of  the  im- 
provement estimated  and  ascertained  by  a competent  engineer,  and  the 
benefits  to  tlie  lots,  blocks  or  parts  thereof  have  been  assessed,  then,  such 
city  or  village  may  cause  a series  of  bonds  to  be  issued,  sufficient  to  pay 
the  special  assessments,  or  special  tax,  so  ascertained  for  such  district, 
and  which  bonds,  when  so  issued  and  indorsed  as  hereinafter  ])ro- 
vided  for,  shall  be  a lien  upon  the  lots,  blocks  or  parts  thereof,  wliich 
shall  be  designated  in  such  bond  or  bonds,  such  bond  or  bonds  to  bear 
interest  at  a rate  not  exceeding  six  percent.,  and  may  run  for  any  term 
not  exceeding  twenty  years,  the -style  of  the  bond  to  be  fixed  and  desig- 
nated by  ordinance  ; but,  before  any  bond  shall  issue,  or  be  put  in  circu- 
lation, the  owner  or  owners  of  any  such  lot  or  lots  to  be  charged  with 
such  special  assessment  or  assessments,  or  special  tax,  shall  indorse  upon 
the  back  of  such  bond  or  bonds,  his  or  her  consent  thereto,  in  words  in 
substance  as  follows  : 

“ I liereby  indorse  the  within  bond,  and  consent  that  the  lot  or  lots,  or  parts  thereof 
therein  designated,  shall  become  liable  for  the  interest  and  principal  therein  named, 
and  the  same  shall  be  a lien  upon  said  property  from  this  date  until  paid  off  and  dis- 
charged. 

“ This day  of 188-. 

“ [Seal].” 

Said  bond  when  prepared  and  executed  by  such  city  or  village,  and 
indorsed  by  the  owner  or  owners  of  the  property  to  be  charged  with  the 
special  assessment  or  special  tax,  shall  be  recorded  in  the  recorder's 
office  of  the  county,  in  which  such  city  or  village  is  located,  and  when 
so  recorded  such  record  shall  be  notice  of  the  lien  thereby  created,  to 
the  same  extent  that  records  of  mortgages  are  notices  of  the  mortgage 
lien,  and  shall  have  the  same  force  and  effect.  No  coupon  need  be 
recorded ; the  face  of  the  bond  and  indorsement  shall  be  sufficient. 

307.  Interest  and  principal  of  bonds,  how  paid.]  § d.  It  shall 
be  the  duty  of  any  citv  or  village  issuing  bonds,  under  this  act,  to  pro- 
vide, by  ordinance,  for  the  collection  of  the  interest  and  principal  of 
such  bonds  from  the  property  so  charged  with  the  special  assessment 
or  special  tax,  and  shall  be  placed  upon  the  tax  books  in  the  same 
manner  that  special  assessments  or  special  taxes  now  are,  for  collection, 
and  shall  be  treated  in  the  same  manner,  and  have  the  same  effect  as 
special  assessments  or  special  tax  now  have  uuder  the  statute  — and 
such  city  or  village  shall  not  be  liable,  for  the  interest  or  principal  of 
any  such  bond  or  bonds,  out  of  any  fund  except  the  special  fund  of  the 
improvement  district,  to  which  the  bond  or  bonds  apply,  and  for  the 
faithful  etiforcement  of  the  ordinances  providing  for  the  collection  of 
the  interest  and  principal  thereof. 


Drainage  and  Sewerage. 


161 


308.  Railroad  company’s  liability  to  pay.]  § 5.  If  any  steam  or 
liorse  railroad  shall  be  located  upon,  or  across  any  street  in  any  such 
improvement  district,  then,  in  estimating  the  cost  of  the  work,  such 
railroad  shall  be  charged  with  the  fill  upon  such  street  or  crossing  in 
the  proportion  or  amount  that  it  would  require  or  cost  such  railroad  to 
make  an  independent  embankment  of  the  same  height  to  receive  its 
track  or  tracks  upon  such  street  or  crossing:  Provided,  that  any  such 
railroad  shall  have  the  same  right  to  build  its  embankment,  or  make  its 
proportion  of  the  improvement  as  is  allowed  to  individuals.  If  any 
such  steam  or  horse  railroad  shall  fail,  or  refuse  to  compl}^-  with  the 
ordinances  of  any  such  city  or  village,  in  this  regard,  the  track  or  tracks 
of  any  such  delinquent  railroad  shall  be  taken  and  deemed  to  be  a nui- 
sance, and  all  rights  of  any  such  railroad  upon  any  such  street  or  cross- 
ing shall  be  forfeited,  and  the  rails  and  ties  removed  as  the  work  pro- 
gresses. 

309.  When  property  belongs  to  a minor.]  § 6.  If  any  property 
within  anj’’  improvement  district  created  under  this  act,  shall  belong  to 
minor  heirs,  idiots,  lunatics,  or  any  person  otherwise  incapacitated  to 
contract,  the  guardian,  conservator  or  other  person  in  charge  of  any 
such  estate,  may  apply  to  the  circuit  court  of  the  county  in  which  such 
city  or  village  is  located,  by  petition,  for  leave  to  indorse  such  bond  or 
bonds,  and  when  indorsed  by  order  of  the  court,  such  indorsement  shall 
have  full  force  and  effect  in  law. 

310.  How  powers  exercised  and  construed.]  § 7.  All  the 

powers  hereby  granted  to  the  corporate  authorities  of  such  cities  and 
villages  may  be  put  into  full  force  and  effect  by  proper  ordinances,  and 
the  powers  hereby  granted  shall  be  liberally  construed  by  all  courts  in 
this  state  in  order  that  full  force  and  effect  shall  be  given  to  this  act. 

31 1.  Rights  of  bond  holders.]  § 8.  The  owner  or  holder  of  any 
such  bond  may,  in  addition  to  the  powers  hereby  given  to  the  cities  or 
villages,  under  this  act,  to  collect  the  interest  and  principal,  have  his 
or  her  personal  remedy  in  any  court  upon  the  indorser  upon  his  indorse- 
ment, for  failure  to  pay  interest  or  principal,  and  in  case  of  two  suc- 
cessive failures  by  any  person  liable  to  pay  the  interest  on  any  such 
bond,  such  bond  shall  be  held  to  be  due,  and  the  liolder  may  enforce 
his  lien  for  interest  and  principal  by  foreclosure,  in  any  court  of  this 
state  of  competent  jurisdiction. 

An  act  to  organize  tlie  city  of  Chicago  into  a drainage  district  and  to 

define  the  powers  and  duties  of  tlie  corporate  authorities  thereof. 

[Approved  June  0,  1887.  In  force  July  1,  1887.  L.  1887,  p.  12b. 

312.  Drainage  district  organized.]  § 1.  Be  it  enacted  hy  the 
'people  of  the  state  of  Illinois^  represented  in  the  general  assembly^ 
That  the  city  of  Chicago  is  hereby  organized  as  a drainage  district,  and 
the  corporate  authorities  of  such  city  may  exercise  the  powers  conferi-ed 
by  an  act  entitled  “ An  act  to  vest  the  corporate  authorities  of  cities 
and  villages  with  power  to  construct,  maintain  and  keep  in  repair 
drains,  ditches,  levees,  dykes,  and  pumping  works  for  drainage  pur- 
poses, by  special  assessment  upon  the  property  benefited  therelpv  ^ 

‘21 


DraIXAGK  and  hjEWERAGI-:. 


]():' 

approved  June  twenty-second,  eii^liteen  linndred  ainl  ei<^lity-five,  and 
ai-e  liereby  \'ested  witli  the  fni*tlier  powers  liereinafter  granted. 

1.  Soo  lMW-50.  for  the  act  lierein  referred  to. 

313.  Power  of  corporate  authorities.]  §2.  Sncli  corporate  au- 
thorities may  lay  out,  (;onstrnct  and  maintain  a cnt-ott  drain  or  ditch 
for  the  diversion  of  the  flood  waters  of  the  Desplaines  river  in  to  lake 
Micliigan  at  some  ])oint  north  of  the  city  of  Chicago,  for  the  relief  and 
in  aid  of  the  drainage  system  established  or  to  be  established  within 
said  district,  the  location  and  route,  dimensions  and  capacity  of  such 
cnt-otf  to  be  determined  by  said  corporate  authorities.  If  the  location 
of  such  cut-off  shall  occupy  a portion  of  the  north  branch  of  the  Chi- 
cago river,  said  north  branch  may  be  widened  and  deepened  as  shall  be 
required.  Such  cut-off  or  diversion  may  be  so  constructed  and  main- 
tained as  to  answer  the  purpose  of  a drain  for  the  lands  through  which 
it  shall  pass,  and  such  corporate  authorities  may  allow  said  lands  to  be 
drained  into  the  same  upon  such  terms  and  conditions  as  they  may 
determine:  Provided,  such  corporate  authorities  shall  not  be  allowed  to 
interfere  with  any  right  of  drainage  which  the  owners  of  land  have  or 
woidd  have,  if  such  cut-off  had  not  been  made. 

314.  Desplaines  river  — diversion  of  water.]  § 3.  Xo  more  of  the 
water  of  the  Desplaines  river  shall  be  diverted  by  any  such  cut-off  than 
the  excess  above  the  ordinary  water  mark  in  said  stream.  At  the  point 
of  diversion  there  shall  be  constructed  and  maintained  such  dams  and 
sluices  as  shall  control  and  regulate  the  amount  of  such  diversion  at  all 
times.  Duidng  dry  weather  no  water  shall  be  diverted  into  lake 
Michigan  and  during  floods  no  more  water  shall  be  allowed  to  pass 
said  ])oint  of  diversion  down  the  river  than  three  thousand  (3,000)  cubic 
feet  per  second. 

315.  Dam  across  Mud  lake.]  § d.  Such  corporate  authorities  may 
construct  and  maintain,  if  the  same  shall  be  found  desirable  and 
expedient,  a dam  across  what  is  known  as  the  Mud  Lake  Valley  on  or 
near  the  west  line  of  sections  six  and  seven,  township  thirty- eight 
north,  range  thirteen,  east  of  the  third  principal  meridian,  of  such 
dimensions  and  elevation  as  may  be  determined  upon. 

316.  Acquisition  of  way  — constrution  of  cut-off.]  § 5.  Such  cor- 
])orate  authorities  may  acquire  by  purchase,  gift,  condemnation  or 
otherwise  all  the  real  and  ]>ersonal  property,  rights  of  way  and  ease- 
ments within  or  without  the  district  necessary  for  the  coustmction  and 
maintenance  of  the  works  hereby  authorized,  and  shall  have  the  same 
control  and  jurisdiction  of  the  property  without  as  of  that  within  the 
district.  They  shall  have  the  right  to  construct  the  cut-off  herein 
authorized,  across,  under,  over,  along,  or  upon  any  water  coui’se,  street, 
highway,  public  ground,  railroad  or  turnpike  wliich  the  route  of  the 
same  may  intersect  or  touch  ; but  shall  not  interrupt  the  use  thereof 
longer,  nor  to  a greater  extent,  than  shall  be  necessarv  for  the  purpose. 

317.  Eminent  domain.]  ^ 3.  Whenever  it  shall  be  necessary  to 
take  or  damage  private  property,  for  any  purpose  contemplated  by  this 


Drainage  and  Sewerage. 


163 


act,  whether  within  or  without  said  drainage  district,  the  compensation 
therefor  may  be  ascertained  and  the  proceedings  for  the  condemnation 
tliereof  may  be  had  in  the  manner  provided  in  article  nine  of  an  act 
entitled  “ An  act  to  provide  for  the  incorporation  of  cities  and  villages”, 
approved  April  ten,  eighteen  hundred  and  seventy-two,  and  the  cost  of 
constructing  and  maintaining  the  improvements  herein  provided  for 
may  be  defrayed  by  special  assessment  upon  the  property  benefited 
thereby  within  such  disti’ict  only,  said  assessments  to  be  levied  and  col- 
lected as  provided  in  said  article  nine. 

An  act  to  create  sanitary  districts,  and  to  remove  obstructions  in  the 

Desplaines  and  Illinois  rivers.  [Approved  May  29,  1889.  In  force 

July  1,  1889.  L.,  1889,  p.  126. 

318.  Sanitary  districts — proceeding  to  organize.]  § 1.  Be  it 

enacted  by  the  'people  of  the  state  of  Illinois^  reprresented  in  the  general 
assembly^  That  whenever  any  area  of  contiguous  territory  within  the 
limits  of  a single  county  shall  contain  two  or  more  incor|)orated  cities, 
towns  or  villages,  and  shall  be  so  situated  that  the  maintenance  of  a 
common  outlet  for  the  drainage  thereof  will  conduce  to  the  preserva- 
tion of  the  public  health,  the  same  may  be  incorporated  as  a sanitary 
district  under  this  act,  in  the  manner  following.  Any  5,000  legal 
voters  resident  within  the  limits  of  such  proj)osed  sanitary  district  may 
petition  the  county  judge  of  the  county  in  which  they  reside,  to  cause 
the  question  to  be  submitted  to  the  legal  voters  of  such  proposed  district 
whether  they  will  organize  as  a sanitary  district  under  this  act.  Such 
petition  shall  bead<lressed  to  the  county  judge,  and  shall  contain  a defi- 
nite description  of  the  territory  intended  to  be  embraced  in  such  district, 
and  the  name  of  such  proposed  sanitary  district  : Provided,  however, 

that  no  territory  shall  be  included  in  any  municipal  corporation,  formed 
hereunder,  which  is  not  situated  within  the  limits  of  a city,  incorporated 
town  or  village,  or  within  three  miles  thereof,  and  no  territory  shall  be 
included  within  more  than  one  sanitary  district  under  this  act.  Upon 
tlie  filing  of  such  petition  in  the  office  of  the  county  clerk  of  the  county 
in  which  such  territory  is  situated,  it  shall  be  the  duty  of  the  countv 
judge  to  call  to  his  assistance  two  judges  of  the  circuit  court,  and  such 
judges  shall  constitute  a board  of  commissioners  which  shall  have  power 
and  authority  to  consider  the  boundaries  of  any  such  proposed  sanitary 
district,  whether  the  same  shall  be  described  in  such  petition  or  other- 
wise. Notice  shall  be  given  by  such  county  judge  of  the  time  and  place 
where  such  commissioners  will  meet,  by  a publication  inserted  in  one 
or  more  daily  papers  published  in  such  county  at  least  twenty  days  prior 
to  such  meeting.  At  such  meeting  the  county  judge  shall  preside,  and 
all  persons  in  such  proposed  sanitary  district  shall  have  an  opportunity 
to  be  heard  touching  the  location  and  boundary  of  such  j)roposed  dis- 
trict and  make  suggestions  regarding  the  S'-tme,  and  such  commissioners, 
after  hearing  statements,  evidence  and  suggestions,  shall  fix  and  deter- 
mine the  limits  and  boundaries  of  such  proposed  district,  and  for  that 
purpose  and  to  that  extent,  may  alter  ami  amend  such  petition.  After 
such  determination  by  said  commissioners,  ora  majority  of  them,  the 


1C)4 


Drainage  and  Sewerage. 


county  judge  sliall  submit  to  the  legal  voters  of  the  proposed  sanitary  dis- 
trict the  question  of  the  organization  and  establishment  of  tlie proposed 
sanitary  district,  as  determined  by  said  commissioners  at  an  election  to 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  November  thence 
next  ensuing,  notice  wliereof  shall  be  given  by  said  commissioners,  at 
least  twenty  days  prior  thereto,  by  ])ublication  in  one  or  more  daily 
])a])crs  published  within  such  pro]')Osed  saiiitary  district,  such  notice  to 
s]>ecify  briefly  the  purpose  of  such  election,  with  a description  of  such 
proposed  district.  P]ach  legal  voter  resident  within  such  pi’oposed  sani- 
tary district  shall  have  the  right  to  cast  a ballot  at  such  election,  with 
the  words  thereon,  For  Sanitary  District”,  or,  “ A.gainst  Sanitary  Dis- 
trict”. The  ballots  so  cast  shall  be  received,  returned  and  canvassed  in 
the  same  manner  and  by  the  same  officers  as  is  provided  by  law  in  the 
case  of  ballots  cast  for  county  officers.  The  county  judire  shall  cause  a 
statement  of  the  result  of  such  election  to  be  spread  npo  i the  records 
of  the  county  court  If  a majority  of  the  votes  cast  upon  the  question 
of  the  incorporation  of  the  proposed  sanitary  district  shall  be  in  favor 
of  the  proposed  sanitary  district,  such  proposed  district  shall  thenceforth 
be  deemed  an  organized  sanitary  district  under  this  act. 

319.  Judicial  cognizance  thereof  — election  of  officers.]  §2.  All 
courts  in  this  state  shall  take  judicial  notice  of  the  existence  of  all  sani- 
tary districts  organized  under  this  act.  Upon  the  organization  of  any 
sanitary  district,  under  this  act,  the  county  judge  shall  call  an  election  to 
elect  officers,  and  cause  notice  thereof  to  be  posted  or  published,  and 
perform  all  other  acts  in  reference  to  such  election  in  like  manner  as 
nearly  as  may  be  as  he  is  required  to  perform  in  reference  to  the  elec- 
tion of  officers  in  newly  organized  cities  under  the  provisions  of  an  act 
entitled  “ An  act  to  provide  for  the  incorporation  of  cities  and  villages” 
approved  April  10,  1872. 

320.  Elections  of  officers.]  §3.  In  each  sanitary  district  organized 
under  this  act,  there  shall  be  elected  nine  trustees  who  shall  hold  their 
offices  for  live  years,  and  until  their  successors  are  elected  and  qualified, 
except  the  term  of  office  of  the  first  trustees  elected,  shall  be  until  five 
years  after  the  first  Monday  in  December  after  their  election.  The  elec- 
tion of  trustees  after  the  first,  shall  be  on  the  Tuesday  next  after  the  first 
Monday  in  November,  in  every  fifth  year.  In  all  elections  for  trustees, 
each  qualified  voter  may  vote  for  as  many  candidates  as  there  are  trus- 
tees to  be  elected,  or  he  may  distribute  his  vote  among  not  less  than 
five-ninths  of  the  candidates  to  be  elected  giving  to  each  of  the  candi- 
dates among  whom  he  distributes  the  same,  the  same  number  of  votes 
or  fractional  parts  of  votes.  The  trustees  shall  choose  one  of  their 
number  president,  and  such  sanitaiy  district  shall,  from  the  time  of 
the  first  election  held  by  it  under  this  act,  be  construed  in  law  and 
equity  a body  corporate  and  politic  and  by  the  name  and  style  of  the 

sanitary  district  of , and  by  such  name  and  style  may  sue  and 

be  sued,  contract  and  be  contracted  with,  acquire  and  hold  real  estate 
and  personal  property  necessary  for  corporate  purposes,  and  ado]4t  a 
a common  seal  and  alter  the  same  at  pleasure. 


Dkainage  and  Se\v?:rage. 


1G5 


321.  Powers  and  duties  of  trustees  and  officers  — compensa- 

tion— rules  and  regulations.]  4.  The  trustees  elected  in  pursu- 
ance of  the  foregoing  provisions  of  tliis  act  shall  constitute  a board  of 
trustees  for  the  district  by  which  they  are  elected,  which  board  of 
trustees  is  hereby  declared  to  be  the  corporate  authorities  of  such  sani- 
tary district,  and  sliall  exercise  all  the  powers  and  manage  and  control 
all  the  affairs  and  property  of  such  district.  Said  board  of  trustees 
shall  have  the  right  to  elect  a clerk,  treasurer,  chief  engineer  and 
attorne}"  for  such  municipality,  who  shall  hold  their  respective  offices 
during  the  pleasure  of  the  board,  and  who  shall  give  such  bond  as  may 
be  required  b^'  said  board.  Said  board  may  prescribe  the  duties  and 
fix  the  compensation  of  all  the  officers  and  employes  of  said  sanitary 
district : Provided,  however,  that  the  salary  of  the  president  of  said 

board  of  trustees  shall  in  no  case  exceed  the  sum  of  four  thousand 
dollars  per  anniiin ; and  the  salary  of  the  other  members  of  said  board 
shall  not  exceed  three  thousand  dollars  per  annum  : And,  provided 

further,  that  the  amount  received  by  any  attorney  shall  not  exceed  the 
sum  of  five  thousand  dollars  ($5,000)  per  annum.  Said  board  of 
trustees  shall  have  full  power  to  pass  all  necessary  ordinances,  rules  and 
regulations  for  the  proper  management  and  conduct  of  the  business  of 
said  board  of  trustees  and  of  said  corporation  and  for  carrying  into 
effect  the  objects  for  which  such  sanitary  district  is  formed. 

322.  Ordinances  — appropriations.]  §5.  All  ordinances  making 
any  appropriations  shall,  within  one  month  after  they  have  passed,  be 
published  at  least  once  in  a newspaper  published  in  such  district,  or  if 
no  such  newspaper  of  general  circulation  is  published  therein,  by  post- 
ing copies  of  the  same  in  three  public  places  in  the  district ; and  no 
such  ordinance  shall  take  effect  until  ten  days  after  it  is  so  published, 
and  all  other  ordinances,  orders  and  resolutions,  shall  take  effect  from 
and  after  their  passage  unless  otherwise  provided  therein. 

323.  Ordinances,  how  proved.]  § C.  All  ordinances,  orders  and 
resolutions,  and  the  date  of  publication  thereof  may  be  proven  by  the 
certificate  of  the  clerk,  under  the  seal  of  the  corporation,  and  when 
printed  in  book  or  pamphlet  form,  and  purporting  to  be  published  by 
the  board  of  trustees,  such  book  or  pamphlet  shall  be  received  as 
evidence  of  the  passage  and  legal  publication  of  such  ordinances,  orders 
and  resolution,  as  of  the  dates  mentioned  in  such  book  or  pamphlet,  in 
all  courts  and  places  without  further  proof. 

324.  Docks  on  navigable  channels  — control  of  water  power, 
channels  and  outlets.]  § 7.  The  board  of  trustees  of  any  sanitary  dis- 
trict organized  under  this  act  shall  have  power  to  provide  for  the  drain- 
age of  such  district  by  laying  out,  establishing,  constructing  and  main- 
taining one  or  more  main  channels,  drains,  ditches  and  outlets  for  car- 
rying off  and  disposing  of  the  drainage  (including  the  sewage)  of  such 
district,  together  with  such  adjuncts  and  additions  thereto  as  may  be 
necessary  or  proper  to  cause  such  channels  or  outlets  to  accomplish  the 
end  for  which  they  are  designed  in  a satisfactoi-y  manner;  also  to  make 
and  establish  docks  adjacent  to  any  navigable  channel  made  under  the 


Draixagp:  and  Sewerage. 


1G6 

])rovisions  hereof  for  drainage  purposes,  and  to  lease,  manage  and  con- 
trol sneli  docks,  and  also  to  control  and  dispose  of  any  watei*  power 
which  may  be  incidentally  created  in  the  construction  and  use  of  said 
channels  or  outlets,  Init  in  no  case  shall  said  board  have  any  power  to 
control  water  after  it  ]>asses  beyond  its  channel,  waterways,  races  or 
structures  hi  to  a river  or  natural  waterway  or  chanqel,  or  water  ]>owei\ 
or  docks,  situated  on  such  river  or  natural  waterway  or  channel : Pro- 
vided, however,  no  thing  in  this  act  shall  be  construed  to  aliridge  or 
prevent  the  state  from  hereafter  requiring  a portion  of  the  funds  de- 
rived from  such  water  power,  dockage  or  wharfage  to  be  jiaid  in  to  the 
state  treasury  to  be  used  for  state  purposes.  Such  channels  or  outlets 
may  extend  outside  the  territory  included  within  such  sanitary  district, 
and  the  rights  and  powers  of  said  board  of  trustees  over  the  portion  of 
such  channel  or  outlet  lying  outside  of  such  district  shall  be  the  same 
as  those  vested  in  said  board  over  that  portion  of  such  channels  or  out- 
lets within  the  said  district. 

325.  Acquisition  of  right  of  way.]  § 8.  Such  sanitary  district 
may  acipiire,  by  purchase,  condemnation  or  otherwise,  any  and  all  real 
and  personal  property,  right  of  way  and  privilege,  either  within  or 
Avithout  its  corporate  limits  that  may  be  required  for  its  corpoi*ate  pur- 
poses : Provided,  all  moneys  for  the  purchase  and  condemnation  of  any 
jiroperty,  shall  be  paid  before  possession  is  taken,  or  any  Avork  dune  on 
the  premises  damaged  by  the  construction  of  such  channel  or  outlet, 
and  in  case  of  an  appeal  from  the  county  court  taken  by  either  party, 
Avhereby  the  amount  of  damages  is  not  linally  determined,  the  amount 
of  judirment  in  such  court  shall  be  deposited  at  some  bank,  to  be  desig- 
nated by  the  judge  thereof,  subject  to  the  payment  of  such  damages 
on  orders  signed  by  such  county  judge,  Avhenever  tlie  amount  of  such 
damages  is  tinaily  determined;  and,  Avhen  not  longer  required  fur  such 
purposes,  to  sell,  convey,  vacate  and  release  the  same,  subject  to  the 
reservation  contained  in  section  7,  relating  to  Avater  p<nvers  and  docks. 

326.  Power  to  borrow  money  — limitation.  1 | 9.  The  corpora- 

tion may  borrow  money  for  corporate  purposes,  and  may  issue  bonds 
therefor,  but  shall  not  become  indebted,  in  any  maimer  or  for  any  ])ur- 
pose,  to  an  amount  in  the  aggregate  to  exceed  five  per  centum  on  the 
valuation  of  taxable  pi’operty  therein,  to  be  ascertained  by  the  last  as- 
sessment for  state  and  county  taxes  previous  to  the  incurring  of  such 
indebtedness:  Provided,  however,  that  said  five  per  centum  shall  not 
exceed  the  sum  of  fifteen  million  dollars  (§15,000,000). 

327.  Tax  to  pay  interest  and  principal  of  debt.]  § 10.  At  the 
time  or  before  incurring  any  indebtedness,  the  lioard  of  trustees  shall 
provide  for  the  collection  of  a direct  annual  tax  sufficient  to  pay  the  in- 
terest on  such  debt  as  it  falls  due.  and  also  to  pay  and  discharge  the  ])rin- 
cipal  thereof  as  the  same  shall  fall  due,  and  at  least  within  twenty  years 
from  the  time  of  contracting  the  same  : ProA'ided,  that  the  net  earniims 
from  Avater  power  and  docks  may  be  appropriated  and  applied  t<»  the 
purpose  of  paying  the  interest  or  principal  of  such  indebtedness  or  l)oth, 
and  to  the  extent  that  they  wdll  suthce,  the  direct  tax  may  be  remitted.. 


Drainage  and  Sewerage. 


167 


328.  Contracts  for  work,  how  made  — aliens  — day’s  labor, 
eight  hours.]  § 11.  All  contracts  for  work  to  be  done  by  such  inuni- 
cipalitj,  the  expense  of  which  will  exceed  five  hundred  dollars,  shall  be 
let  to  the  lowest  responsible  bidder  therefor,  upon  not  less  than  sixty 
days  public  notice  of  the  terms  and  conditions  upon  which  the  contract 
is  to  be  let  having  been  given  by  publication  in  a newspaper  of  general 
circulation  published  in  said  district,  and  the  said  board  shall  have  the 
power  and  authority  to  reject  any  and  all  bids,  and  re-advertise : Pro- 
vided, no  person  shall  be  employed  on  said  work  unless  he  be  a citizen 
of  the  United  States  or  has  in  good  faith  declared  his  intentions  to  be- 
come such  citizen.  In  all  cases  where  an  alien,  after  filing  his  declara- 
tion of  intention  to  become  a citizen  of  the  United  States,  shall  for  the 
space  of  three  months  after  he  could  lawfully  do  so,  fail  to  take  out  his 
final  papers  and  complete  his  citizenship,  such  failure  shall  be  prima 
facie  evidence  that  his  declaration  of  intentions  was  not  made  in  good 
faith,  and  that  eight  hours  shall  constitute  a day’s  work. 

329.  Tax  levy  — limitation.]  § 12.  The  board  of  trustees  may  levy 
and  collect  taxes  for  corporate  purposes  upon  property  within  the  ter- 
ritorial limits  of  such  sanitary  district,  the  aggregate  amount  of  which 
in  any  one  year  shall  not  exceed  one-half  of  one  per  centum  of  the 
value  of  the  taxable  property  within  the  corporate  limits,  as  the  same 
shall  be  assessed  and  equalized  for  state  and  county  taxes  of  the  year  in 
which  the  levy  is  made.  Said  board  shall  cause  the  amount  required  to 
be  raised  by  taxation  in  each  year  to  be  certified  by  the  county  clerk, 
on  or  befoj-e  the  second  Tuesday  in  August,  provided  in  section  one 
hundred  and  twenty-two  of  the  general  revenue  law.  All  taxes  so 
levied  and  certified  shall  be  collected  and  enforced  in  the  same  manner 
and  by  the  same  officers  as  state  and  county  taxes,  and  shall  be  paid 
ov'er  by  the  officer  collecting  the  same  to  the  treasurer  of  the  sanitary 
district,  in  the  manner  and  at  the  time  provided  by  the  general  revenue 
law. 

330.  Special  or  general  tax — assessment  and  collection.]  § 13. 

The  board  of  t^]^tees  shall  have  power  to  defray  the  expenses  of  any 
improvement  made  by  it,  in  the  execution  of  the  powers  hereby  granted 
to  such  incorporation,  by  special  assessment,  or  by  general  taxation,  or 
partly  by  special  assessment  and  partly  by  general  taxation  as  they  shall 
by  ordinance  prescribe.  It  shall  constitute  no  objection  to  any  special 
assessment  that  the  improvement  for  which  the  same  is  levied  is  partly 
outside  the  limits  of  such  incorporation,  but  no  special  assessment  shall 
be  made  upon  property  situated  outside  of  such  sanitary  district,  and 
in  no  case  shall  any  property  be  assessed  more  than  it  will  be  benefited 
by  the  improvement  for  which  the  assessment  is  levied.  The  proceed- 
ings for  making,  levying,  collecting  and  enforcing  of  any  special  assess- 
ment levied  hereunder  shall  be  the  same  as  nearly  as  may  be  as  is  pre- 
scribed by  article  nine  of  an  act  entitled  “ An  act  to  provide  for  the 
incorporation  of  cities  and  villages”,  approved  April  10,  1872.  When- 
ever in  said  act  the  words  “ city  council  ” are  used,  the  same  shall  apply 
to  the  board  of  trustees  constituted  by  this  act,  and  the  words  applying 


.168 


Drainage  and  !Sewekage. 


to  the  city  or  its  ofiicers  in  tliat  article  sliall  be  lield  to  apply  to  the  cor- 
])oration  hereby  created  and  to  its  ofhcei's. 

331.  Assessments  by  instalments — proceeding.]  § 14.  When 
any  assessment  is  made  under  this  act,  the  ordinance  authorizing  such 
assessment  may  ])rovide  that  it  be  divided  into  equal  annual  instal- 
ments, not  more  than  twenty  in  number,  and  lix  the  amount  and  time 
of  payment  of  each  instalment,  and  that  the  instalment  shall  bear  in- 
terest at  4 rate  not  exceeding  six  per  cent.  ])er  annum,  payable  annually, 
from  the  date  fixed  in  said  ordinance,  and  the  several  instalments  and 
interest  thereon  may  be  collected  and  enforced,  as  they  shall  become 
due,  in  the  manner  provided  for  the  enforcement  of  assessments  under 
said  article  9.  No  more  of  any  assessment  need  be  returned  or  certi- 
fied to  the  county  collector  than  will  show  the  amount  due  and  unpaid 
at  the  time  of  such  return,  and  no  sale  of  any  ])arcel  of  land  for  any 
instalment  of  an  assessment  shall  discharge  the  ])remises  from  any  sub- 
sc(juent  instalment  of  the  same  or  any  other  assessment.  Any  one  or 
all  of  the  instalments  may  be  paid  any  time  after  the  assessment  is  con- 
firmed, with  accrued  interest,  if  any,  to  the  date  of  payment. 

332.  Bonds  in  anticipation  of  taxes  due.]  § 15.  Where  any  as- 
sessment is  made  ])ayable  in  instalments,  the  board  of  trustees  may 
issue  bonds  or  certificates  not  exceeding  in  amount  eighty  per  centum 
of  the  unpaid  portion  of  such  assessment  at  the  date  of  the  issue 
thereof,  payable  only  out  of  such  assessment,  and  bearing  interest  at  a 
rate  not  exceeding  the  rate  of  interest  upon  the  instalments  of  such  as- 
sessments. The  board  of  trustees  shall  have  the  right  to  call  in  and 
])ay  off  said  bonds  or  certificates  as  fast  as  there  is  money  received  in  to 
the  treasury  from  the  assessment  against  which  the  same  are  issued, 
and  all  moneys  received  upon  such  assessment  shall  be  applied  to  the 
pajunent  of  said  certificates  or  bonds  until  they  are  fully  satisfied. 

333.  Eminent  domain  — compensation  — preferred  claims.] 

§16.  Whenever  the  board  of  trustees  of  any  sanitary  district  shall 
pass  an  ordinance  for  the  making  of  any  improvement,  wdiich  such  dis- 
trict is  authorized  to  make,  the  making  of  which  will  require  that  pri- 
vate property’  should  be  taken  or  damaged,  such  district  may  cause 
compensation  therefor  to  be  ascertained,  and  condemn  and  acquire 
possession  thereof  in  the  same  manner,  as  nearly  as  may’  be.  as  is  pro- 
vided in  an  act  entitled  “An  act  to  provide  for  the  exercise  of  the 
right  of  eminent  domain”,  a^^proved  April  10,  1872:  Provided,  how- 

ever, that  proceedings  to  ascertain  the  compensation  to  be  paid  for 
taking  or  damaging  private  property  shall,  in  all  cases,  be  instituted  in 
the  county^  where  the  propertv  sought  to  be  taken  or  damaged  is  situ- 
ated : And,  provided,  that  all  damages  to  property,  whether  determined 
l>v  agreement  or  by’  final  judgment  of  court,  shall  be  paid  out  of  the 
annual  district  tax  prior  to  tlie  payment  of  anv  other  debt  or  obliga- 
tion. 

334.  Damages  to  public  property  — use  of  Illinois  and  Michi- 
gan canals.  J §17.  When  it  shall  be  necessary  in  making  any  im- 
provements which  any  district  is  authorized  by  this  act  to  make,  to 


Drainage  and  Sewerage. 


169 


enter  upon  any  public  property  or  jjroperty  lielJ  for  public  use,  such 
district  shall  have  the  power  so  to  do,  and  may  acquire  the  necessary 
riglit  of  way  over  such  property  held  for  public  use  in  the  same  man- 
ner as  is  above  provided  for  acquiring  private  property,  and  may  enter 
upon,  use,  widen,  deepen  and  improve  any  navigable  or  other  waters, 
waterways,  canal  or  lake : Provided,  the  ])ublic  use  thereof  shall  not 

be  unnecessarily  interrupted  or  interfered  with,  and  that  the  same 
shall  be  restored  to  its  former  usefulness  as  soon  as  practicable  : Pro- 

^'ided,  however,  that  no  such  district  shall  occupy  any  portion  of  the 
Illinois  and  Michigan  canal  outside  of  the  limits  of  tlie  county  in 
which  such  district  is  situated,  for  the  site  of  any  such  improvement, 
except  to  cross  the  same,  and  then  only  in  such  a way  as  not  to  im- 
pair the  usefulness  of  said  canal  or  to  the  injury  of  the  right  of  the 
state  therein,  and  only  under  the  direction  and  supervision  of  the  canal 
commissioners:  And,  provided,  further,  that  no  district  shall  be  re- 

quired to  make  any  compensation  for  the  use  of  so  much  of  said  canal 
as  lies  within  the  limits  of  the  county  in  which  said  district  is  situated, 
except  for  transportation  purposes. 

335-  Cost  of  acquiring  right  of  way.]  § 18.  In  making  any  special 
assessment  for  any  improvement  which  requires  the  taking  or  dam- 
aging of  property,  the  cost  of  acquiring  the  right  to  damage  or  take 
such  property  may  be  estimated  and  included  in  the  assessment  as  a 
part  of  the  cost  of  making  such  improvement. 

336.  Damage  by  overflow  — notice  of  suit  — compromise.]  §19. 
Every  sanitary  district  shall  be  liable  for  all  damages  to  real  estate 
within  or  without  such  district  which  shall  be  overflowed  or  otherwise 
damaged  by  reason  of  the  construction,  enlai-gement  or  use  of  any 
channel,  ditch,  drain,  outlet  or  other  improvement  under  the  provis- 
ions of  this  act ; and  actions  to  recover  such  damages  may  be  brought 
in  the  county  where  such  real  estate  is  situate,  or  in  the  county  where 
such  sanitary  district  is  located,  at  the  option  of  the  party  claiming  to 
be  injured.  And,  in  case  judgment  is  rendered  against  such  district  for 
damage,  the  plaintiff  shall  also  recover  his  reasonable  attorney’s  fees,  to 
be  taxed  as  costs  of  suit : Provided,  however,  it  shall  appear  on  the 
trial  that  the  plaintiff  notified  the  trustees  of  such  district,  in  writing, 
at  least  sixty  days  before  suit  was  commenced  by  leaving  a copy  of 
such  notice  with  some  one  of  the  trustees  of  such  district  stating  that 
he  claims  damages  to  the  amount  of  ....  dollars,  by  reason  of  (here 
insert  the  cause  of  damage)  and  intends  to  sue  for  the  same : And,  pro- 
vided, further,  that  the  amount  recovered  shall  be  larger  than  the 
amount  oifered  by  said  trustees  (if  anything)  as  a compromise  for  dam- 
ages sustained. 

337.  Dilution  of  sewage.]  § 20.  Any  channel  or  outlet  con- 
structed under  the  provisions  of  this  act,  which  shall  cause  the  dis- 
charge of  sewage  in  to  or  through  any  river  or  stream  of  water  beyond 
or  without  the  limits  of  the  district  constructing  the  same,  shall  be  of 
sufficient  size  and  capacity  to  produce  a continuous  flow  of  water  of  at 
least  two  hundred  cubic  feet  per  minute  for  each  one  thousand  of  the 

22 


170 


J)JIAIXAGE  AND  SeWKRAGE. 


})opuhition  of  tlie  district  drained  tliereby,  and  the  same  shall  be  kept 
and  maintained  of  such  size  and  in  sneli  condition  that  the  water 
thereof  shall  be  neither  offensive  or  injurious  to  the  liealth  of  any  of 
the  people  of  this  state,  and  liefore  any  sewage  shall  be  discharged  iri  to 
such  channel  or  outlet  all  garbage,  dead  animals,  and  parts  thereof,  and 
other  solids  shall  be  taken  therefrom. 

338.  Violation  of  last  section  — prosecutions.]  §21.  In  case 
any  sanitary  district  in  this  state,  formed  under  the  provisions  of  this 
act,  shall  introduce  sewage  in  to  any  river  or  stream  of  water,  or  natural 
or  artificial  water  course,  beyond  or  without  the  limits  of  such  district, 
without  conforming  to  the  provisions  of  this  act  or  having  introduced 
such  sewage  in  to  such  water  course,  shall  fail  to  comjdy  with  any  of 
the  provisions  of  this  act,  an  action  to  enforce  compliance  shall  be 
brought  by  the  attorney  general  of  this  state,  in  the  courts  of  any 
county  wherein  such  water  course  is  situate,  or  he  may  authorize  the 
state’s  attorney  of  any  such  county  to  commence  and  ])rosecute  such 
action  in  any  such  county  : Provided,  that  no  thing  in  this  section  con- 
tained shall  be  construed  to  prevent  the  prosecution  of  any  action  or 
proceeding  by  individuals  or  bodies  corporate  or  politic  against  such 
’district. 

339.  Legislative  right  to  repeal  or  amend.]  § 22.  No  thing  in 
this  act  contained  shall  be  so  construed  as  to  constitute  a contract  or 
grant  between  the  state  of  Illinois  and  any  sanitary  district  formed 
under  its  provisions,  or  to  prevent,  debar  or  deprive  the  state  of  Illinois 
from,  at  any  time  in  the  future,  altering,  amending  or  repealing  this 
act,  or  imposing  any  conditions,  restrictions,  or  requirements  othei-,  dif- 
ferent or  additional  to  any  herein  contained  upon  any  sanitary  district 
which  may  be  formed  hereunder. 

340.  Capacity  of  channel  — its  increase  — removal  of  obstruc- 
tions in  rivers.]  § 23.  If  any  channel  is  constructed  under  the  pro- 
visions hereof  by  means  of  which  any  of  the  waters  of  lake  Michigan 
shall  be  caused  to  pass  in  to  the  DesPlaines  or  Illinois  rivers  such 
channel  shall  be  constructed  of  sufficient  size  and  capacity  to  produce 
and  maintain  at  all  times  a continuous  flow  of  not  less  than  300,000 
cubic  feet  of  water  per  minute,  and  to  be  of  a depth  of  not  less  than 
fourteen  feet,  and  a current  not  exceeding  three  miles  ])er  lioui*,  and  if 
any  portion  of  any  such  channel  shall  be  cut  through  a territory  with 
a rocky  stratum,  where  such  rocky  stratum  is  above  a grade  sufficient 
to  produce  a depth  of  water  from  lake  Michigan  of  not  less  than 
eighteen  feet,  such  portion  of  said  channel  shall  have  double  the  flow- 
ing capacity  above  provided  for,  and  a wddth  of  not  less  than  one 
hundred  and  sixty  feet  at  the  bottom  capable  of  producing  a depth  of 
not  less  than  eighteen  feet  of  water.  If  the  population  of  the  district 
drained  in  to  such  channel  shall  at  any  time  exceed  1,500,000,  such 
channel  shall  be  made  and  kept  of  such  size  and  in  such  condition  that 
it  will  produce  and  maintain  at  all  times  a continuous  flow  of  not  less 
than  20,000  cubic  feet  of  w^ater  per  minute  for  each  100,000  of  the 
population  of  such  distri(it,  at  a current  of  not  more  than  three  miles 


Duaijs'ACtE  and  Sewerage. 


171 


per  lioiir,  and,  if  at  any  time  the  general  government  shall  improve  the 
DesPlaines  or  Illinois  rivers,  so  that  the  same  shall  be  capable  of 
receiving  a flow  of  600,000  cubic  feet  of  water  per  minute,  or  more, 
from  said  channel,  and  shall  provide  for  the  payment  of  all  damages 
which  any  extra  flow  above  300,000  cubic  feet  of  water  per  minute 
from  such  channel  may  cause  to  private  property,  so  as  to  save  harmless 
the  said  district  from  all  liability  therefrom,  then  such  sanitary  district 
shall,  within  one  year  thereafter,  enlaige  the  entire  channel  leading  in  to 
said  DesPlaines  and  Illinois  rivers  from  said  district  to  a sufficient  size 
and  capacity  to  produce  and  maintain  a continuous  flow  throughout  the 
same  of  not  less  than  600,000  cubic  feet  of  water  per  minute  with  a 
current  of  not  more  than  three  miles  per  hour,  and  such  channel  shall 
be  constructed  upon  such  grade  as  to  be  capable  of  producing  a depth 
of  water  not  less  than  eighteen  feet  throughout  said  channel,  and  shall 
have  a width  of  not  less  than  one  hundred  and  sixty  feet  at  the  bottom. 
In  case  a channel  is  constructed  in  the  DesPlaines  river  as  contem- 
plated in  this  section  it  shall  be  carried  down  the  slope  between  Lock- 
port  and  Joliet  to  the  pool  commonly  known  as  the  upper  basin,  of 
sufficient  width  and  depth  to  carry  off  the  water  the  channel  shall  bring 
down  from  above.  The  district  constructing  a channel  to  carry  water 
from  lake  Michigan  of  any  amount  authorized  by  this  act  may  correct, 
modify  and  remove  obstructions  in  the  DesPlaines  and  Illinois  rivers 
wherever  it  shall  be  necessary  so  to  do  to  prevent  overflow  or  damage 
along  said  river,  and  shall  remove  the  dams  at  Henry  and  Copperas  creek 
in  the  Illinois  river,  before  any  water  shall  be  turned  in  to  the  said 
channel. 

And  the  canal  commissioners,  if  they  shall  find  at  any  time  that 
an  additional  supply  of  water  has  been  added  to  either  of  said  rivers, 
by  any  drainage  district  or  districts,  to  maintain  a depth  of  not  less 
than  six  feet  from  any  dam  owned  by  the  state  to  and  in  to  the  first 
lock  of  the  Illinois  and  Michigan  canal  at  LaSalle,  without  the  aid  of 
any  such  dam,  at  low  water,  then  it  shall  be  the  duty  of  said  canal 
commissioners  to  cause  such  dam  or  dams  to  be  removed.  This  act 
sliall  not  be  construed  to  authorize  the  injury  or  destruction  of  existing 
/water  power  rights. 

341.  Completed  channel  a navigable  stream.]  § 24.  When  such 
channel  shall  be  completed,  and  the  water  turned  therein,  to  the  amount 
of  three  liundred  thousand  cubic  feet  of  water  per  minute,  the  same  is 
hereby  declared  a navigable  stream,  and  whenev^er  the  general  govern- 
ment shall  improve  the  DesPlaines  and  Illinois  rivers,  for  navigation, 
to  connect  with  this  channel,  said  general  government  shall  have  full 
control  over  the  same  for  navigation  purposes,  but  not  to  interfere  with 
its  control  for  sanitary  or  drainage  purposes. 

342.  Use  of  channel — its  increase.]  §25.  Any  district  formed 
hereunder  shall  have  the  right  to  permit  territory  lying  outside  its  limits 
and  within  the  same  county  to  draiti  in  to  and  use  any  channel  or  drain 
made  by  it,  upon  such  payments,  terms  and  conditions  as  may  be  mutu- 
aliy  agreed  upon,  and  any  district  formed  hereunder  is  hereby  given  full 


Dkaixage  axd  Sewerage. 


m 

])Ower  <111(1  authority  to  (iontractt  for  the  right  to  use  <any  drain  or  cliannel 
wliich  may  he  made  by  any  other  sanitary  distriet,  upon  such  terms  as 
may  he  mutually  agreed  upon,  and  to  raise  tlie  money  called  for  by  any 
such  contract  in  the  same  way  and  to  the  same  extent  as  such  district  is 
authorized  to  raise  money  for  any  other  corporate  purposes  : Pi’ovided, 

that  where  the  united  flow  of  any  sanitary  districts  tlius  co-opei-ating 
shall  pass  in  to  any  (diannel  constructed  within  the  limits  of  the  county 
wherein  sucli  districts  are  located  and  whicli  passes  in  to  the  Desl^iaines 
or  Illinois  rivers,  such  united  tiow  shall  in  no  case  and  at  no  time  he  less 
than  20, Quo  cubic  feet  of  water  per  minute  for  each  one  hundred  thousand 
of  the  aggregate  of  the  population  of  the  districts  co-operating  : Pro- 

vided, no  thing  in  this  act  shall  in  any  wise  he  so  construed  as  to  diminish, 
impair  or  remove  any  right  or  rights  of  any  city,  village,  township  or 
corporation,  body  politic  or  indiviifual  situated  on  the  DesPlaines  or 
Illinois  rivers  or  their  tributaries  within  the  valleys  of  the  same  to  use 
the  channel  for  drainage  or  otherwise  not  inconsistent  with  the  rights 
of  the  district  constructing  the  same,  as  expressed  in  this  act. 

343.  Water  supplies,  how  furnished.]  §26.  Whenever  in  any 
such  sanitai’y  district  there  shall  be  a city,  incorporated  town  or  village, 
which  owns  a system  of  water  works  and  supplies  water  from  a lake  or 
other  source  which  will  be  saved  and  preserved  from  sewage  pollution, 
by  the  construction  of  the  main  channel,  drain,  ditch,  or  outlet  herein 
]>rovided  for ; and  the  turning  of  the  sewage,  of  such  city  and  district 
therein,  and  there  shall  be  in  such  sanitary  district,  any  territory  bor- 
dering on  any  such  city,  incorporated  town  or  village,  within  the  limits 
of  another  city,  incorporated  town  or  village,  which  does  not  own  any 
system  of  water  works,  at  the  time  of  the  creation  of  such  sanitary  dis- 
trict, then  upon  application  by  the  corporate  authorities  of  such  latter 
named  city,  incorporated  town  or  village,  the  corporate  authorities  of 
such  city,  incorporated  town  or  village,  having  such  system  of  water 
works  shall  furnish  water  at  the  boundary  line  between  such  munici- 
palities by  means  of  its  water  works  to  the  corporate  authorities  asking 
for  the  same  in  such  quantities  as  may  be  required  to  supply  consumers 
within  said  territory,  at  no  greater  price  or  charge  than  it  charges  and 
collects  of  consumers  within  its  limits  for  water  furnished  through  meters^ 
in  like  large  quantities. 

344.  Inspection  of  channel— defects  of  construction.]  § 27.  If 

any  channel  shall  be  constructed  under  the  provisions  of  section  23 -of 
this  act,  it  shall  be  the  duty  of  the  trustees  of  such  district,  when  sucli 
channel  shall  be  completed,  and  before  any  water  or  sewage  shall  be 
admitted  therein,  to  duly  notify,  in  writing,  the  governor  of  this  state  of  • 
such  fact  ; and  the  governor  shall  thereupon  appoint  three  discreet  per- 
sons as  commissioners,  one  of  whom  shall  be  a resident  of  the  city  of 
Joliet,  or  between  said  city  and  the  city  of  LaSalle,  and  one  a resident  of 
the  city  of  LaS<alle,  or  between  said  city  and  the  city  of  Peoria,  and  one  a 
resident  of  the  city  of  Peoria,  or  between  said  city  and  the  mouth  of  the 
Illinois  river,  to  inspect  said  work.  The  said  commissioners  shall,  within 
ten  days  after  such  appointment,  meet  <at  the  city  of  Chic<ago,  and  shall 


Draij^age  and  Sewerage. 


173 


appoint  a competent  civil  engineer,  and  they  may  employ  such  other 
assistance  as  they  may  require  to  expeditiously  perform  their  duties. 
The  said  commission  shall  take  as  their  datum  line  for  the  survey,  the 
datum  established  by  the  Illinois  and  Michigan  canal  trustees  in  1847, 
and  shall  make  such  examination  and  surveys  of  (diicago  river  and  of 
the  channel  or  channels  authorized  by  this  act  as  shall  enable  them  to 
ascertain  whether  said  channel  is  of  the  character  and  capacity  required 
by  this  act.  And,  in  case  they  shall  find  the  work  in  all  respects  in 
accordance  with  the  provisions  of  section  23  of  this  act,  they  shall  so 
certify  to  the  governor,  who  shall  thereupon  authorize  the  water  and 
sewage  to  be  let  in  to  said  channel.  But,  in  case  said  commissioners  shall 
find  said  channel  is  not  constructed  in  accordance  with  the  provisions 
of  this  act,  it  shall  be  their  duty  to  lile  in  any  court  of  competent  juris- 
diction, on  the  chancery  side  thereof,  in  their  name  as  such  commission- 
ers, a bill  against  said  corporation,  which  bill  shall  set  forth  wherein 
said  work  is  deficient  and  fails  to  comply  with  the  provisions  of  this 
act;  and  said  court  shall  thereupon  issue  an  injunction,  without  bond, 
against  said  defendant,  enjoining  and  restraining  it  from  admitting 
water  or  sewage  in  to  said  clmnnel  until  the  final  order  of  the  court. 
And  in  case  said  court,  upon  hearing,  shall  determine  that  said  channel 
is  not  constructed  in  accordance  with  the  provisions  of  this  act,  said 
injunction  shall  be  continued  until  the  provisions  of  this  act  shall  have  ' 
been  fully  complied  with. 

Such  commissioners  and  engineer  shall  receive  for  their  services  ten 
dollars  per  day  each,  and  their  reasonable  expenses  and  outhws  for  the 
time  by  them  necessarily  employed  in  the  discharge  of  their  duties, 
which  shall  be  paid  to  them  from  the  state  treasury;  and  the  said  sani- 
tary district  shall  re-iml)urse  the  state  for  all  expenses  and  disbursements 
on  account  of  said  coniinission. 

If  any  cliannel  is  constructed  under  the  provisions  of  this  act,  which 
shall  discharge  the  sew^age  of  a population  of  more  than  300,000  in  to  or 
through  any  river  beyond  or  without  the  limits  of  the  district  construct- 
ing it,  the  same  shall  be  constructed  in  accordance  with  the  provisions 
of  section  23  of  this  act,  and  if  any  such  channel  receives  its  supply  of 
water  from  any  river  or  channel  connecting  with  lake  Michigan,  it 
shall  be  construed  as  receiving  its  supply  of  water  from  lake  Michigan. 
An  act  conferring  police  power  upon  the  sanitary  district  of  Chicago. 
[Approved  June  16,  1893.  L.,  1893,  p.  96. 

344a.  Police  force  — powers  and  limitations.  ] § 1.  Ik  it  en- 

acted by  the  people  of  the  State  of  llliiiois,  represented  by  the  general  assem- 
bly^ That  the  sanitary  district  of  Chicago  shall  have  tlie  right  and 
power  to  appoint  and  support  a police  force,  the  members  of  which  may 
have  and  exercise  police  powers  over  and  within  its  right  of  way,  and 
for  a district  of  one  and  one-half  miles  on  each  side  of  its  main  drain- 
age channel,  such  police  powers  as  are  conferred  upon  and  exercised 
by  the  police  of  organized  cities  and  villages;  but  such  police  force, 
when  acting  within  the  limits  of  such  city  or  village,  shall  act  in  aid  of 
the  regular  police  force  of  such  city  or  village,  and  shall,  then,  be  sub- 


Draixagk  and  Seweuagk. 


ject  to  the  direction  of  its  chief  of  police,  city  or  village  marshals,  or 
other  head  thereof. 

An  act  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and 
water  woi’ks  in  cities  of  this  state,  that  may  have  established  a system 
of  sewerage  and  water  works  for  such  city,  and  to  repeal  an  act  therein 
named,  and  to  authorize  the  cities,  villages  and  incorporated  towns 
of  this  state  to  levy  and  collect  taxes  to  pay  for  water  and  light. 
[Approved  June  21,  1883.  L.,  1883,  p.  68. 

345.  Sewerage  fund  tax.]  § 1.  Be  it  enacted  hy  the  i^eoide  of  the 
state  of  / llinois.  reiwesenied  in  the  general  assemhly^  That  section  one 
of  an  act  entitled  “An  act  in  relation  to  the  levy  and  collection  of 
taxes  for  sewerage  and  water  woi’ks  in  cities  of  this  state  that  may  have 
established  a system  of  sewerage  and  water  works  for  such  city,  and  to 
re})eal  an  act  therein  named,  and  to  authorize  the  cities,  villages  and 
incorporated  towns  of  this  state  to  levy  and  collect  taxes  to  pay  for 
water  and  light”,  approved  June  21,  1883,  in  force  July  1,  1883,  be 
amended  so  as  read  : That  the  legislative  authority  of  any  city  which 
now  has,  or  may  hereafter  have  established  a system  of  sewerage  for 
such  city,  shall  have  power  annually  to  levy  and  collect  a tax  upon  the 
taxable  real  and  personal  estate  of  such  city,  not  to  exceed  one  mill  on 
the  dollar,  for  the  extension  and  laying  of  sewers  therein,  and  the  main- 
tenance of  such  sewers,  which  tax  shall  be  known  as  “ The  Sewerage 
Fund  Tax”,  and  shall  be  levied  and  collected  in  the  same  manner  that 
other  general  taxes  of  any  such  city  are  levied  and  collected  : Provided, 
however,  that  the  board  of  public  works  of  such  city,  if  any,  or  the 
head  of  the  sewer  department  of  such  city,  shall  first  certify  to  such 
legislative  authority  the  amount  that  will  be  necessary  for  such  purpose : 
Provided,  further,  that  a two-thirds  majority  of  all  the  members  elect 
of  tlie  legislative  authority  of  such  city  may  lev^y  a tax  for  such  pur- 
poses not  to  exceed  three  mills  on  each  dollar  of  the  taxable  property 
of  such  city  : And  provided,  such  “ Sewerage  Fund  Tax  ” shall  not 
be  included,  prior  to  the  year  1891,  in  the  aggregate  amount  of  taxes  as 
limited  by  section  one  (1)  of  article  eight  (8)  of  “ An  act  for  the  in- 
corporation of  cities  and  villages”,  approved  April  10,  1872.  [As 
amended  by  act  approved  and  in  force  March  22,  1889.  L.,  1889,  p.  86. 

1.  The  act  of  June  21,  1883,  authorizes  cities  acting  under  special  charters  to  levy 
a tax  for  a sewerage  fund  and  for  a water  fund  in  addition  to  all  other  authorized 
taxes;  Thatcher  i.  C.  & N.  W.  Ry.  Co.,  120  111.,  56. 

2.  A city  under  special  charter,  having  assumed  control  of  its  sewerage,  created  a 
department  to  construct,  maintain  etc.  and  accepted  plans  etc.  for  the  extension  of 
sewers,  has  established  a sewerage  system;  St.  L.  Bri.  Co.  v.  People,  125  111.,  227. 

An  act  to  enable  cities,  towns  and  villages  to  contract  with  each  other 
for  sewerage.  [Approved  May  If,  1879.  In  force  July  1,  1879. 
L.,  1879,  p.  75. 

346.  Municipalities  may  contract  with  each  other  lor  sewerage.] 

§ 1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois^  represented 
in  the  general  asseinhhp  That  whenever  any  city,  or  incorporated  town 
or  village,  shall  be  adjacent  or  contiguous  to  any  other  city,  or  incor- 
porated town  or  village,  they  shall  l)e  authorized  to  contract  with  each 


Drainage  and  Sewerage. 


175 


otlier,  upon  such  terms  as  may  be  agreed  upon  between  them,  to  allow 
and  permit  the  one  the  use  and  benetit  of  any  sewer  or  drain,  or  of  any 
system  of  sewerage  or  drainage  heretohjre  constructed,  or  which  may 
be  hereafter  constructed  by  the  other,  and  further  that  any  such  sewer 
or  drain  or  system  of  sewerage  or  drainage  constructed,  or  which  may 
hereafter  be  constructed  by  the  one,  may  be  extended  or  furnished  to 
the  inhabitants  of  the  other,  and  they  may,  by  contract  with  each  other, 
provide  for  the  joint  construction  of  any  sewer  or  drain  by  the  munici- 
palities so  contracting,  and  for  the  common  use  thereof  by  the  inhabi- 
tants of  such  municipalities. 

347-  Contracts — how  made.]  § 2.  The  contract  contemplated 
in  section  one  of  this  act  may  be  made  by  ordinance  or  resolution  duly 
enacted  or  passed  by  the  common  council,  board  of  trustees,  or  other 
proper  legislative  authority  of  the  city,  or  incorporated  town  or  village 
proposing  such  contract,  and  ratified  or  assented  to  by  ordinance  or 
resolution  duly  enacted  or  passed  by  the  common  council,  board  of 
trustees,  or  other  proper  legislative  authority  of  the  city  or  incorporated 
town  or  village  confirming  or  agreeing  to  such  contract,  and  every  such 
contract,  wdien  ratified  or  confirmed  by  the  proper  corporate  authorities 
of  the  municipal  corporations  who  are  parties  thereto,  shall  be  in  all 
respects  valid  and  binding. 

An  act  to  vest  the  corporate  authorities  of  cities  and  villages  with 
power  to  construct,  maintain  and  keep  in  repair  drains,  ditches,  levees, 
dykes  and  pumping  works  for  drainage  purposes  by  special  assess- 
ment upon  the  property  benefited  thereby.  [Approved  June  22, 
1S85.  In  force  July  1,  1885.  L.,  1885,  p.  60. 

348.  Power  to  erect  drainage  works  etc.]  % Be  it  enacted 
hjf  the  people  of  the  state  of  Illinois^  represented  in  the  general  assembly^ 
That  the  corporate  authorities  of  cities  and  villages  are  hereby  vested 
with  power  to  construct  drains,  ditches,  levees  and  dykes,  to  erect 
pumping  works,  and  to  accpiire  the  necessary  land  and  machinery  for 
such  purposes,  and  otherwise  to  provide  for  draining  any  portion  of  the 
lands  within  their  corporate  limits,  by  special  assessment  upon  the 
property  benebted  thereby. 

349.  Works  erected  by  special  assessment.]  § 2.  That  the 
corporate  authorities  of  cities  and  villages  are  hereby  vested  with  the 
power  to  maintain  and  keep  in  repair  such  drains,  ditches,  levees,  dykes, 
pumping  works  and  machinery  and  such  drainage  improvement  by 
special  assessment  upon  the  property  benefited  thereby  : Provided,  that 
no  lot,  block,  tract  or  parcel  of  land  shall  be  assessed  more  than  once 
in  any  one  year  for  such  maintenance  and  repair. 

350.  Mode  of  procedure.]  § 3.  All  the  proceedings  for  the  making 
of  the  improvements  in  tliis  act  mentioned,  and  for  the  maintenance 
and  repair  thereof,  and  for  the  levy  and  collection  of  the  special  assess- 
ments to  defray  the  cost  of  the  same,  shall  be  in  accordance  with  the 
provisions  of  article  nine  of  the  general  act  for  the  incorporation  of 
cities  and  villages,  approved  April  ten,  eighteen  hundred  and  seventy- 
two. 


17G 


Elections. 


1.  Drainage  districts  in  cities  and  villages  are  formed  by  ordinance;  petition  of 
property  owners  is  not  necessary;  Hyde  Park  o.  Spencer,  118  111.,  4411. 

2.  This  statute  authorizes  city  and  village  authorities  to  construct  and  maintain 
drains  and  pumping  works,  necessary  to  drain  lands  within  their  corporate  limits. 
The  act  is  valid;  Hyde  Park  v.  Spencer,  118  111.,  449. 


9.  ELECTIONS. 


Section. 

351.  In  cities  and  villages  — {adoption  of 

act. 

352.  Notice  of  election  — duty  of  county 

clerk  — penalty  — expenses. 

353.  Form  of  ballots. 

354.  Tickets  — what  to  contain. 

355.  Ballots  — how  canvassed. 

356.  Manner  of  canvass — announcing  re- 

sult. 

357.  Duty  of  judges  — when  no  tally 

sheet. 

358.  Manner  of  making  returns. 

359.  Special  watchers  of  canvass. 

360.  Canvass  by  county  judge — declaring 

result — when  act  operative. 

361.  Neglect  of  duty,  by  judge  or  clerk, 

felony  — opening  ballot  etc. 

362.  Stealing  or  mutilating  return  etc. — 

penalty. 

363.  Offenses  governed  by  state  law. 

364.  Adoption  of  act  by  village  or  town. 

365.  Effect  of  adoption  of  act. 

366.  Creation  of  board  of  election  com- 

missioners. 

367.  Commissioners  — selection  — qualifi- 

cations — vacancy. 

368.  Removal  on  complaint  — cause  for. 

369.  Organization  of  board  — officers  — 

oath — bond  — office. 

370.  Board,  provide  ballot  boxes  etc. 

371.  Chief  clerk  — powers  and  duties  of. 

372.  Commissioners  to  establish  election 

precincts. 

373.  General  registration  of  voters. 

374.  Judges  and  clerks  — appointment 

and  qualifications. 

375.  Examination  of  judges  etc.  — con- 

firmation — rejection  — exemption 
— refusal  to  serve  — penalty. 

376.  Appointment  and  removal  of  judges 

and  clerks. 

377.  Judges  and  clerks  to  be  selected 

from  different  political  parties. 

378.  Selection  of  judges  and  clerks  re- 

turned to  county  court  — confirma- 
tion — vacancies  — removals. 

379.  Judges  and  clerks  to  be  notified  — 

oath. 

380.  Registry  and  polling  place  in  each 

precinct. 

381.  Record  of  penitentiary  convicts  — 

persons  pardoned. 


Section. 

382.  Monthly  reports  of  the  dead. 

383.  List  of  the  dead  and  criminals. 

384.  Notice  of  registration. 

385.  Rules  and  regulations — conduct  of 

elections. 

386.  Election  days  — holidays. 

387.  Subsequent  selection  of  judges  and 

clerks. 

388.  Board  of  registry. 

389.  Who  entitled  to  vote. 

390.  Meeting  of  board  of  registry  — regis- 

try books,  control  of. 

391.  Daily  certification  of  registration. 

392.  Registry  to  be  posted  — right  to 

challenge  — affidavit. 

393.  Revision  of  register  — second  meet- 

ing— corrections  etc. — copy. 

394.  Clerks  to  canvass  precinct,  how  — 

suspected  list  — refusal  to  answer 
questions — policemen  — penalties. 

395.  Notice  to  suspects — neglect  to  mail 

or  deliver — penalties. 

396.  Last  meeting  of  board — revision  of 

register — new  names  not  added — 
notice  to  parties — erasing  and  re- 
storing names-^powers  of  clerks. 

397.  Registers  to  be  compared  etc.  — one 

to  be  posted  up,  two  returned — 
printing. 

398.  Application  to  erase  name — notice. 

399.  Docket  of  applications  — hearing — 

restoring  or  erasing  name. 

400.  County  court — jurisdiction  to  put 

name  on  or  erase  from  register. 

401.  Refusal  of  application  — appeal  — 

record. 

402.  Supplemental  list  to  be  posted 

etc. 

403.  Registration  after  first  general  regis- 

tration. 

404.  Registry  at  intermediate  registra- 

tions. 

405.  Verification  lists — canvass  etc. 

406.  Registers  — how  compared,  signed, 

certified  and  returned — copy. 

407.  Duty  of  clerk  as  canvassers. 

408.  Canvass — commissioners  and  judges 

duties. 

409.  Revision  of  registry. 


Elections. 


177 


Section. 

410.  Registers  — liow  returned  to  election 

commissioners. 

411.  Commi.ssioners  to  have  registers 

copied  and  printed  etc. 

412.  Denial  of  registration  or  erasure  — 

review  of  proceeding. 

413.  Return  of  registers  to  commissioners 

— corrections. 

414.  Special  and  judicial  elections  — how 

conducted. 

415.  Inspection  of  registers. 

416.  Delivery  of  registers  etc.  to  judges. 

417.  Penalty  for  mutilating  etc.  public 

register. 

418.  Filling  vacancy  on  board  of  registry. 

419.  Opening  and  closing  polls  — presence 

of  judges  and  clerks. 

420.  Absent  judge  — penalty  — place  how 

filled  — detention  of  register. 

421.  Ballot  box  continuously  in  public 

view  — obstruction  — penalties. 

422.  Entry  of  voter’s  name. 

423.  Name  on  ballot. 

424.  How  ballots  received  — challenge. 

425.  Voter’s  name  on  register. 

426.  Challengers  — watchers  — canvass  — 

policemen  present. 

427.  Judges,  as  peace  officers. 

428.  Judicial  election — official  ticket  hold- 

ers — penalty. 

429.  Canvass  — not  to  be  adjourned  — 

challengers  and  watchers. 

430.  Canvass,  how  made. 

431.  Ballots  strung. 

432.  Proposition  submitted  — canvass. 

433.  When  tally  sheets  contain  no  heading 

for  proposition  — duty  of  judges. 

434.  Judges  to  proclaim  number  of  votes 

etc. 

435.  Returns  — certificate  — direction. 

436.  One  ballot  of  each  kind  attached  to 

return. 

437.  Poll  books  to  be  placed  in  ballot  box 

etc. 

438.  Judges  to  deliver  ballot  box  etc.  to 

commissioners. 

439.  Commissioners  to  receive,  note  con- 

dition and  open  ballot  box. 

440.  Canvassing  board  to  open  returns  — 

abstract  of  votes,  how  made. 

441.  Canvassers  to  declare  result  — certi- 

ficate— its  force. 

442.  Certificate  of  election. 

443.  Certificate  of  election  — city  offices 

etc. 

444.  City  or  town  office  — tie  vote. 

445.  Duty  of  canvassing  board  on  indica- 

tion of  fraud. 

446.  Presiding  officer  of  board  — declaring 

result. 

447.  Offenses  generally  — penalty. 

23 


Section. 

448.  At  city,  village  or  town  election  — 

penalty. 

449.  Poll  clerk  — false  list  — penalty. 

450.  Judge  wilfully  refusing  vote  etc. — 

penalty. 

451.  False  canvass  etc. — penalty. 

452.  Permitting  false  ballots  etc.  — 

penalty. 

453.  Election  officers — misconduct — fraud 

— penalty. 

454.  Stealing  document,  vote  etc.  — 

penalty. 

455.  Person  not  an  officer  — penalty. 

456.  P’alse  swearing. 

457.  Advising  person  to  swear  falsely 

etc. 

458.  Changing  ballot  etc. 

459.  Felon,  no  right  to  vote  — pardon. 

460.  Disobeying  command  of  judge. 

461.  Breach  of  the  peace. 

462.  Interfering  with  judge  etc. 

463.  Destroying  or  concealing  ballot  etc. 

464.  Wilfully  admitting  one  to  registra- 

tion etc. 

465.  Ab.sence  of  judge. 

466.  Keeping  ballots  behind  box  etc. — 

electioneering. 

467.  Use  of  spirituous  liquors  etc. 

468.  Irregularities  in  notices  etc.,  no  de- 

fense. 

469.  Crime,  as  to  question  submitted  — 

definitions. 

470.  Misdemeanors  — fine  — when  dis- 

charged. 

471.  Forfeitures,  how  recovered. 

472.  Commissioners  to  aid  prosecutions. 

473.  Commissioners’  and  clerks’  fees  — 

how  paid. 

47.4.  Judges  and  clerks  of  election,  fees. 

475.  Number  of  days  to  be  credited  to 

judges  and  clerks. 

476.  When  city  to  pay  judges  and  clerks. 

477.  When  county  to  pay  judges  and 

clerks. 

478.  Commissioners  to  audit  claims. 

479.  Village  or  town  may  adopt  act. 

480.  Ex-officio  commissioners  of  village. 

481.  Returns  of  judges  etc.  of  village  or 

town. 

482.  Returns  of  village  or  town  election. 

483.  Oaths  — who  may  administer. 

484.  Registration  of  electors  — board  — 

meeting  — register. 

485.  Manner  of  making  register  etc. — first 

meeting. 

486.  New  election  districts. 

487.  Revision  of  register  — second  meet- 

ing. 

488.  Proceedings  — corrections  etc. 

489.  Revising  register  — addition  of  new 

names. 


178 


Elections. 


Section. 

41)0.  Copies  of  rogistc'r  — filing  — delivery 
to  judges — voting  — swearing  in 
vote  etc. 

401.  Entry  on  register  by  clerks  — non 

regist(!r(“d  voter — ])onalty. 

402.  Poll  list  and  register  to  be  filed. 

403.  Section  repeal  eel. 

404.  Registers  oj)en  to  inspection. 

4f)5.  (\)inp<‘nsation  of  board. 

40().  Pieserving  order. 

407.  P'raudulent  registration — false  swear- 

ing. 

408.  Sections  rep(‘aled.  * 

400.  Blanks  to  be  fiirnislied. 

7)00.  Section  rejiealed. 

fiOl.  INIanner  of  giving  notice  of  elec- 
tion. 

502.  Sheriff  or  supervisor  to  post. 

503.  Time  of  opening  and  closing  polls. 

504.  Proclamation. 

505.  Ballot  box  publicly  exhibited  — 

locked  — keys. 

506.  Poll  lists,  how  kej)t. 

507.  Ballots. 

508.  Form  of  ballot. 

509.  Form  of  cumulative  ballot. 

510.  Manner  of  receiving  and  depositing 

ballot. 

511.  No  adjournment  or  recess. 

512.  Canvass  of  votes. 

513.  Contesting  elections  — when  legisla- 

ture to  hear. 

514.  Senators  and  representatives, 

515.  Hearing  by  supreme  court. 

516.  By  circuit  court. 

517.  By  county  court. 

hl8.  Election  of  state  officers — petition  of 
contestant. 

519.  Joint  committee  to  take  testimony. 

520.  Powers  of  joint  committee. 

521.  Notice  to  take  deposition. 

522.  Testimony. 

523.  Report  of  committee  — hearing  — de- 

cision. 

524.  Who  may  contest  as  to  senator  or  rep- 

resentative. ' 

525.  Notice  of  contest. 

526.  Testimony,  how  taken. 

527.  Power  of  officer  taking  testimony. 

528.  Depositions  etc.  to  be  sent  to  secre- 

tary of  state. 


Sectkjn. 

.529.  Delivery  of  notice  of  contest  etc. — 
duty  of  ]>residing  officer. 

530,  Rights  of  (dther  hoii.se  saved. 

531.  Who  may  conte.st  election  of  other 

officers. 

.532.  Conte.stant  to  file  statement  etc. 

533.  Summons. 

.534.  Evidence. 

535.  'Trial . 

536.  Other  elections  contested. 

537.  When  elector  may  defend  for  county. 
.538.  Judgment. 

539.  Tie  vote,  how  decided. 

540.  Certified  copy  of  judgment. 

•541.  When  election  adjudged  void. 

.542.  Appeal. 

543.  Primary  elections — act,  when  to  gov- 

ern. 

544.  Acceptance  of  act  by  committees. 

545.  Time  and  })lace  of  election  — judges 

and  clerks — proxies. 

546.  Notice  of  election — form  of. 

547.  Judges’  and  clerks’  oath — penalties. 

548.  Voters’  qualifications. 

549.  Election  districts — election  of  dele- 

gates. 

550.  Challenge  of  voters — examination  as 

to  qualification — swearing  in  votes 
— penalties. 

.551.  Offenses  and  penalties. 

552.  Qualifications,  limitation  on  — chal- 
lengers— poll  list. 

.553.  Poll  and  tally  lists  — form  of. 

.554.  Oaths,  administering  thereof. 

555.  Ballots  — form  of. 

5-56,  Exhibition  of  ballot  box, 

557.  Opening  of  polls,  proclamation. 

558.  Closing  of  polls,  proclamation. 

559.  Canvass  of  votes-r-proclamation  of  re- 

sult. 

560.  Canvass,  how  conducted. 

561.  Judges’  certificate  to  tally  list. 

562.  Count  of  ballots. 

563.  Poll  lists — what  to  show. 

564.  Certificate  of  result. 

565.  Deposit  of  poll  and  tally  lists. 

566.  Certificate  to  successful  candidates. 

567.  Penalties,  not  otherwise  declared. 

568.  Repeal. 

569.  Primary  election — who  may  vote  at. 

570.  Violation  of  act — penalty. 


In  Cities,  Villages  and  iNCORroKATEi)  Towns. 

An  act  regulating  the  holding  of  elections  and  declaring  the  result 
thereof  in  cities,  villages  and  incorporated  towns  in  this  state.  [Ap- 
proved June  19,  1885.  In  force  July  1,  1885.  L.  1885,  p.  14-2. 

1.  This  statute,  regulating  the  holding  of  elections  etc.  in  cities  etc,,  is  not  uncon- 
stitutional; People  V.  Hoffman,  116  111.,  594;  it  is  not  invalid  in  that  it  requires 


Elections.  179 

county  treasurer  to  pay  salaries  of  election  commissioners;  WetLerell  v.  Devine,  116 
111.,  631. 

Article  T. — Adoption. 

351.  Adoption  of  act.]  § 1.  Be  it  enacted  hy  tJve  people  of  the 
state  of  Illinois^  represented  in  the  general  assembly^  as  follows^  That 
tlie  electors  of  any  city  now  existing  in  this  state  may  adopt  and  be- 
come entitled  to  tlie  benelit  of  this  act  in  the  manner  following : 

Whenever  one  thousand  of  the  legal  voters  of  such  city,  voting  at 
the  last  preceding  election,  shall  petition  the  judge  of  the  county  court  of 
the  county  in  which  such  city  is  located  to  submit  to  a vote  of  the  elect- 
ors of  such  city  the  proposition  as  to  whether  such  city  and  the  electors 
thereof  shall  adopt  and  become  entitled  to  the  benefit  of  this  act,  it 
shall  be  the  duty  of  such  county  court  to  submit  such  proposition  ac- 
cordingly, at  the  next  succeeding  general  state  or  county  election,  and,  if 
such  proposition  is  not  adopted  at  such  election,  the  same  shall,  in  like 
manner,  be  submitted  to  a vote  of  the  electors  of  such  city,  by  such 
county  court  upon  like  application,  at  any  general  state  or  county  elec- 
tion thereafter  and  an  order  shall  be  entered  of  record  in  such  county 
court  submitting  such  j^roposition  as  aforesaid.  If  one  thousand  shall 
exceed  one-eighth  of  the  legal  voters  of  any  such  city  voting  at  the  last 
preceding  election,  then  such  petition  or  application  need  not  be  signed 
or  made  by  more  than  one-eighth  of  the  legal  voters  of  such  city  vot- 
ing at  the  last  preceding  election.  ' 

352.  Notice  of  election  — duty  of  county  clerk  — penalty  — ex- 
penses.] § 2.  The  judge  of  such  county  court  sliall  give  at  least  sixty 
days’  notice  of  such  election,  by  publishing  such  notice  in  one  or  more 
newspapers  published  within  such  city,  for  at  least  live  times,  the  first 
publication  to  be  at  least  sixty  days  before  the  day  of  election,  and,  if  no 
newspaper  is  published  in  such  city,  then  by  posting  at  least  live  copies 
of  such  notice  in  each  ward  sixty  days  before  such  election ; and,  such 
court  shall  enter  an  order  directing  the  county  clerk  to  prepare  the 
necessary  blank  returns  for  the  use  of  the  judges  of  election  substan- 
tially in  the  following  form  : 

“At  an  election  held  in  tlie precinct  of  the ward  in  the  city  of 

in  the  state  of  Illinois,  on  the day  of in  the 

year  A.  D , the  following  vote  was  cast  for  and  against  city  election  law, 

to  wit: 

For  the  city  election  law votes. 

Against  city  election  law votes. 

Certified  by  us 

A B ) 

C D - Judges  of  Election. 

E F i 

Attest: 

V [ Clerks  of  Election.” 

Also,  to  prepare  separate  tally  sheets  with  apj^ropriate  headings. 

And,  it  shall  be  the  duty  of  such  county  clerk  to  deliver  to  the  judges 
of  all  the  precincts  in  such  city  at  such  election  proper  tally  sheets  and 
lilank  statements  of  returns  of  votes  cast  for  and  against  such  proposi- 


180 


Elections. 


tion  at  such  election.  And,  it  sliall  be  the  duty  of  said  judge  of  the 
county  court  to  supervise  and  direct  such  matters  and  see  that  they  are 
proi)erly  done. 

Said  judge  of  the  county  court  shall,  also,  ])repare  directions  to  the 
judges  and  clerks  of  election  as  to  the  manner  of  canvassing  the  votes 
for  and  against  such  ])roposition,  keeping  tally  thereof  and  making  re- 
turns of  the  votes  as  to  such  proposition,  in  accordance  with  the  provi- 
sions of  tl)is  article ; also,  informing  them  therein  of  the  penalties  of 
the  law  imposed  upon  the  judges  and  clerks  for  aiiy  refusal  or  neglect 
pertaining  to  their  duties,  and  such  judge  of  the  county  court  shall  de- 
liver such  dii’ections  to  the  county  clerk,  directing  him  to  have  them 
])rinted  and  sent  out  to  such  judges  and  clerks.  And,  it  shall  he  the 
duty  of  such  county  clerk  to  obey  such  instructions. 

And,  it  shall  be  the  duty  of  the  county  clerk  to  do,  and  cause  to  be 
done,  all  things  required  of  him  by  this  article,  and  for  a failure  to  per- 
form such  duties  he  shall,  on  conviction,  be  sentenced  to  the  county  jail 
for  not  less  than  six  months  nor  more  than  twelve  months,  and  shall, 
also,  be  removed  from  his  office  by  the  court  in  which  such  conviction 
shall  be  had. 

The  county  shall  pay  all  expenses  connected  with  such  election. 

353.  Form  of  ballots.]  § 3.  At  such  election  the  ballots,  so  far 

as  they  relate  to  this  act,  shall  be  written  or  printed  in  the  following 
form  : “ For  city  election  law  ”,  or  Against  city  election  law”. 

354.  Tickets  — what  to  contain.]  § 4.  The  ballot  upon  such  pro- 

position ill  the  form  aforesaid  must  be  printed  or  written  at  the  bottom 
of  the  ticket  containing  the  names  of  candidates  for  public  offices  at 
such  election  who  are  voted  for  by  any  elector.  But,  if  any  elector  de- 
sires to  vote  upon  such  proposition  and  does  not  desire  to  vote  for  any 
candidate  for  any  public  office,  he  may  vote  a ballot  prepared  as  afore- 
said, without  the  name  of  any  candidate  being  thereon ; but,  he  can  not 
by  one  ballot  vote  for  or  against  such  proposition  and,  then,  by  another 
ballot  vote  for  any  candidate  for  any  office  at  that  election.  If  any 
one  shall  vote  a ballot  which  shall  contain  no  reference  to  such  propo- 
sition, or  if  both  forms  of  ballot,  viz.:  For  city  election  law”,  and 

“Against  city  election  law”,  be  upon  the  same  ticket  unerased,  such 
ballot  shall  not  be  counted  for  or  against  such  proposition. 

355.  Ballots  — how  canvassed.]  §6.  The  judges  of  such  election 
shall  canvass  the  ballots  so  cast  for  or  against  such  proposition.  They 
shall  count  in  favor  of  said  proposition  all  ballots  “ For  city  election 
law”,  and  they  shall  count  against  such  proposition  all  ballots  “Against 
city  election  law 

356.  Manner  of  canvass  — announcing  result.]  § T.  Such  can- 

A’ass  shall  be  made  by  such  judges  in  the  following  manner  : Before 

the  name  or  names  of  any  candidate  on  any  ballot  shall  be  canvassed, 
one  of  said  judges,  the  other  two  sitting  on  either  side  of  him  and  ob- 
serving the  canvass,  shall  separate  all  of  the  ballots  cast  in  such  pre- 
cinct into  three  piles  or  files,  ])utting  together  in  the  first  pile  all  those 
containing  the  phrase  “For  city  election  law”,  and  putting  to- 


Elections. 


181 


getlier  in  tlie  vsecond  pile  all  the  ballots  coiitaiiiiiig  the  phrase  ‘^Against 
city  election  law  ”,  and  putting  together  in  the  third  pile  all  the  other 
ballots  of  every  description.  One  of  said  three  judges  shall  then  count 
the  first  pile  of  ballots  in  batches  of  ten,  and  when  one  batch  is 
counted,  shall  pass  the  same  to  the  next  judge,  who  shall  count  the 
same  and  pass  it  to  the  third  judge,  who  shall  also  count  it,  and  when 
the  three  shall  have  finished  the  count  of  the  ten  ballots,  the  last  judge 
shall  announce  in  a loud  voice  the  result,  “ ten  votes  for  city  election 
law  ”,  when  the  tally  clerks  shall  tally  ten  votes  accordingly  on  each 
tally  sheet  for  city  election  law,  and  so  the  whole  pile  shall  be  counted, 
and  before  counting  the  second  pile  the  clerks  shall  announce  the  re- 
sult or  number  so  entered  and  credited  “ For  city  election  law”  and, 
then,  the  second  pile  shall  be  counted  in  the  same  way  in  batches  of  ten, 
and  the  result  tallied  and  announced  in  the  same  way  ‘‘Against  city 
election  law”.  And  thereupon  it  shall  be  the  duty  of  each  of  said 
judges  in  turn  to  announce  in  a loud  voice  the  result  of  the  election  in 
that  precinct  upon  that  proposition.  JS^o  ballot  shall  be  counted  for  or 
against  such  proposition,  unless  it  be  in  the  form  herein  prescribed;  no 
account  is  to  be  kept  of  the  third  pile  of  ballots  as  to  such  proposition. 

357.  Duty  of  judges  — when  no  tally  sheets.]  § 8.  If  no  tally 

sheets  shall  be  furnished  to  the  judges  and  the  clerks  of  any  precinct 
relating  to  such  proposition,  such  clerks  shall  use  any  piece  of  paper 
containing  the  headings  written  out  by  either  of  them:  “For  city 

election  law”  and  “Against  city  election  law”,  and  tally  the  vote 
thereon  opposite  the  respective  headings  as  announced  to  them  ; and 
if  no  blank  statements  of  returns  relating  to  such  proposition  be  pro- 
vided or  furnished  to  them,  then  it  shall  be  the  duty  of  said  judges  and 
clerks  to  write  out  a return  in  triplicate,  in  substance  in  accordance 
with  the  form  found  in  section  two  of  this  article. 

358.  Manner  of  making  returns.]  § 9.  After  ascertaining  and 
announcing  the  result  as  aforesaid,  such  judges  shall  make,  fill  up  and 
sign  triplicate  returns  or  statements  of  the  votes  cast  for  and  against  such 
proposition  as  aforesaid,  in  the  form  found  in  section  two  of  this  article. 
Each  of  which  shall  be  attested  by  the  election  clerks,  and  each  of 
which  shall  then  be  inclosed  and  sealed  in  an  envelope,  one  of  which 
shall  be  on  the  outside  addressed  to  the  judge  of  the  county  court,  one 
to  the  clerk  of  the  county  court,  and  one  to  the  comptroller  of  such  city, 
or  to  the  ofiicer  whose  duties  correspond  with  those  of  the  comptroller. 
Upon  each  of  which  statements  shall  be  indorsed  “ City  election  law  re- 
turns ”.  In  the  same  manner  the  tally  sheets  shall  be  signed  by  said 
judges  and  clerks,  and  shall  be  inclosed  and  sealed  in  separate  envelopes, 
one  of  which  shall  be  addressed  to  the  county  judge  and  one  to  the  city 
clerk  ; upon  both  of  said  envelopes  shall  be  indorsed  “ City  election 
law  tallies”.  On  the  outside  of  each  envelope  shall  be  indorsed  whether 
it  contains  a statement  of  the  votes  cast  or  the  tallies,  and  for  what 
])recinct  and  ward.  After  the  envelopes  respectively  containing  such 
returns  and  tallies  are  closed  and  sealed,  the  judges  of  election  shall  each 
write  across  the  folds  of  such  envelopes  their  names,  and  thereupon  each 


182 


Elections. 


of  said  judges  of  election  sliall  take  one  of  said  returns,  and  each  of  said 
election  clerks  shall  take  one  of  said  tallies,  and  shall  deliver,  each  one 
res|)cctively,  to  the  person  or  officer  to  whom  addressed,  by  noon  of  the 
next  day,  and  when  delivered  he  shall  receive  a receipt  therefor  from 
the  officer  to  whom  delivered.  And  it  shall  be  the  duty  of  such  officers 
to  give  such  recei})ts,  and  to  safely  keep  such  envelopes  unofiened  until 
called  for  by  the  canvassing  board  lierein  provided. 

359.  Special  watchers  of  canvass.]  § 10.  At  the  canvass  of  the 
ballots  in  any  precinct  in  any  city  where  surh  proposition  has  been  sub- 
mitted, it  shall  be  the  duty  of  said  judges  of  election,  on  request,  to  admit 
to  the  room  two  electors  of  the  ward  who  voted  in  favor  of  such  ])i‘oposi- 
tion,  and  two  who  voted  against  it,  as  special  watchers  of  such  canvass; 
and  said  judges  and  the  police  officer  or  other  officer  of  the  law  ]>resent, 
shall  protect  such  watchers  and  see  that  they  are  not  excluded,  and  at 
the  time  of  such  canvass  of  the  ballots  cast  for  or  against  such  proposi- 
tion, such  watchers  shall  be  entitled  to  a position  where  they  can  plainly 
see  and  reach  each  ballot ; and  it  shall  be  the  duty  of  such  judges  to 
grant  and  protect  them  in  such  position. 

360.  Canvass  by  county  judge  — declaring  result  when  act 
operative.]  § 11.  (3n  the  sixth  day  after  such  election  the  judge  of 
the  county  court  shall  call  to  his  assistance  two  well  known  electors  of 
integrity  and  character,  one  of  whom  voted  for  and  one  of  whom  voted 
against  such  proposition,  who  shall  constitute  the  canvassing  board,  to 
canvass  the  returns  and  votes  so  cast  for  and  against  such  proposition. 
Such  canvass  shall  be  conducted  in  public  in  the  room  usually  occupied 
by  such  county  court.  The  envelopes  ontaining  all  the  returns  and  all 
the  tally  sheets  shall,  upon  the  demand  of  the  judge  of  the  county  court, 
be  delivered  to  said  board  by  the  officers  so  having  either  of  them  in 
his  possession.  Thereupon  the  same  shall  be  opened  in  order  and  the 
vote  on  such  proposition  ascertained  and  announced.  All  of  such  returns 
and  tallies  may  be  used  in  ascertaining  the  result,  and  when,  in  the  opin- 
ion of  said  board,  any  doubt  exists  as  to  what  the  actual  vote  was,  which 
was  cast  for  or  against  such  proposition  in  any  precinct,  or  upon  the 
written  application  of  two  persons  who  were  at  such  canvass,  and  who 
shall  make  oath  that  they  believe  that  the  returns  of  the  said  judges  of 
election  as  to  such  proposition  are  not  correct,  said  county  judge  shall 
demand  of  and  receive  possession  from  such  county  clerk  the  ballets  so 
cast  in  such  precinct  at  such  election,  and  it  shall  then  be  the  duty  of 
said  board  to  open  the  envelope  containing  said  ballots  and  to  recount 
the  same,  and  to  hear  evidence  of  any  person  present  at  such  precinct 
canvass  touching  the  same  ; and,  thereupon,  said  board  shall  announce 
and  declare  the  vote  cast  foi-  and  against  such  proposition  in  such  pie- 
cinct,  which  shall  be  conclusive  as  to  the  ballots  so  cast  ; and,  there- 
upon, the  said  judge  of  the  county  court,  so  having  received  ])ossession  of 
such  ballots,  shall  again  place  them  upon  a string  or  tvvine  and  ])lace  them 
in  the  same  envelope,  or  another  with  like  indorsements,  and  seal  the 
same,  and  shall  write  across  the  face  thereof,  “ Opened  by  the  county 
judge”,  and  sign  his  name  thereunder,  and  shall  then  return  such  bal- 


Elections. 


188 

lots  to  the  possession  of  the  county  clerk.  Said  returns  and  tallies  shall, 
also,  be  returned  to  the  officers  from  whom  received,  who  shall  safely 
keep  the  same  for  six  months,  and  then  destroy  the  same  if  there  be  no 
contest.  At  the  completion  of  the  canvass  of  all  the  precincts  in  such 
city,  tlie  total  number  of  votes  cast  for  and  against  such  proposition  in 
the  various  precincts,  ascertained  as  aforesaid,  shall  be  added  together 
by  said  board,  who  shall  then  declare  the  total  result ; thereupon,  said 
county  court  shall  enter  an  order  declaring  the  number  of  votes  so 
ascertained,  cast  for,  and  the  number  of  votes  cast  against  such  2>ropo- 
sition,  and  if  such  proposition  shall  have  received  a majority  of  the  votes 
cast  for  and  against  the  same  at  such  election,  the  court  shall,  by  its 
order,  declare  this  act  adopted  ; and  it  shall  be  the  duty  of  such  county 
judge  to  tile  a copy  of  such  order  in  the  office  of  the  secretary  of  state, 
and,  thereupon,  this  act  shall  become  operative  and  binding,  and  the  law 
for  all  elections  in  such  city,  and  for  the  electors  thereof,  and  all  courts 
and  other  persons  shall  take  notice  thereof. 

361.  Neglect  of  duty,  by  judge  or  clerk,  felony — opening  ballot 
etc.J  § 12.  Any  judge  of  election  or  clerk  of  election,  who  shall  wil- 
fully neglect  to  peihorm  any  duty  imposed  upon  him  by  this  article, 
shall  be  deemed  guilty  of  a felony  and,  upon  conviction,  be  imprisoned 
in  a penitentiary  for  not  less  than  one  year  and  not  more  than  three 
years.  Any  judge  of  election  or  clerk  of  election,  who  shall  wilfully 
open,  change,  tear,  mutilate,  lose  or  conceal,  or  wilfully  cause  or  p)ermit 
to  be  opened,  changed,  torn,  mutilated,  lost  or  concealed,  any  return  of 
votes  cast  for  or  against  this  act,  or  any  tally  sheet  of  votes  so  cast  for 
or  against  such  proposition  after  the  same  has  been  sealed  up  and  de- 
livered to  him  to  be  carried  and  delivered  to  the  officer  of  law  re(|uired 
by  this  act  to  receive  the  same,  shall  be  deemed  guilty  of  a felony  and, 
upon  conviction,  shall  be  imprisoned  in  a penitentiary  for  not  less  than 
three  nor  more  than  five  years. 

362.  Stealing  or  mutilating  return  etc.  — penalty. J § 13.  Any 

officer  having  possession  of  such  returns,  tallies  or  ballots,  who  shall 
steal,  counsel  or  assist  in  stealing,  or  who  shall  change  or  mutilate 
any  return  or  tally  sheet  relating  to  such  election,  shall  be  deemed 
guilty  of  felony  and,  upon  conviction,  shall  be  imprisoned  in  the  peni- 
tentiaryynot  less  than  five,  nor  more  than  ten  years.  And,  any  other 
Pierson  who  shall  steal,  counsel  or  assist  in  stealing,  or  who  shall  change 
or  mutilate,  or  counsel  or  assist  in  changing  or  mutilating  any  return, 
ballot  or  tally  sheet  relating  to  such  election,  shall  be  deemed  guilty  of 
a felony  and,  on  conviction,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  five  years,  nor  more  than  ten  years. 

363.  Offenses  governed  by  state  law.]  § 14.  All  other  offenses 
pertaining  to  the  conduct  of  any  election  under  this  article  shall  be 
governed  by  the  laws  of  the  state  not  inconsistent  herewith. 

364.  Adoption  of  act  by  village  or  town.]  § 15.  Any  village  or 
incorporated  town  in  this  state  may  adopt  this  act  in  like  manner,  and 
the  same  shall  be  submitted  to  a vote  of  the  people  of  the  said  village 


184 


Elections. 


or  town  upon  written  application,  to  said  county  court,  of  five  hundred 
electors  in  such  village  or  town. 

365.  Effect  of  adoption  of  act.]  § 16.  After  and  from  the  time 
of  the  ado])tion  of  this  act,  as  aforesaid,  the  provisions  of  the  same  shall 
he  a])plicai)le  to  such  cities,  villages  or  towns,  and  all  laws  in  conflict 
tlierewitli  shall  no  longer  be  applicable  to  such  cities,  villages  or  towns. 
1 hit  all  laws  or  parts  of  laws  not  inconsistent  with  the  provisions  of  this 
act  shall  continue  in  force  and  be  applicable  to  any  such  city,  village  or 
town,  the  same  as  if  this  act  had  not  been  adopted.. 

Article  II.  — Election  Commissioners  and  Their  Duties. 

366.  Creation  of  board  of  election  commissioners  — term  etc.] 

§ 1.  In  every  city,  village  and  incorporated  town  so  adopting  this  act, 
there  shall  be  created  a board  of  election  commissioners,  which  shall  be 
composed  of  three  members,  each  of  whom  shall  be  designated  asan  elec- 
tion commissioner,  and  shall  be  appointed  by  the  county  court  in  the 
county  in  which  such  city,  village  or  incorporated  town  shall  be  located. 
And,  such  appointment  shall  be  entered  of  record  in  such  court  and, 
when  qualified,  such  commissioner  shall  be  an  officer  of  such  court. 
Tlie  first  appointment  of  such  commissioner  shall  be  within  sixty  days 
after  the  adoption  of  this  act,  and  those  first  appointed  shall  hold  their 
offices  for  the  jieriod  of  one,  two  and  three  years  respectively,  and  the 
judge  appointing  them  shall  designate  the  term  for  which  each  one  shall 
hold  his  office,  whether  for  one,  two  or  three  years.  If  the  office  of 
either  commissioner  shall  become  vacant  it  shall,  thereupon,  be  the  duty 
of  such  county  court  to  appoint  a successor  for  such  unexpired  term ; 
after  the  expiration  of  the  term  for  which  each  commissioner  is  ap- 
pointed, such  court  shall,  in  the  same  way,  nominate  and  appoint  a suc- 
cessor, who  shall  hold  his  office  for  the  period  of  three  years,  and  until 
his  successor  is  appointed. 

1.  Tlie  constitution  does  not  vest  in  the  governor  the  selection  and  appointment  of 
local  municipal  officers — such  as  election  commissioners;  People  Hoffman,  116  111., 
594. 

2.  The  power  to  create  a board  of  election  commissioners  may  be  appropriately 
delegated  to  a judicial  tribunal;  it  does  not  violate  the  constitutional  division  of 
governmental  departments;  People  v.  Hoffman,  116  111.,  594. 

d.  This  statute,  providing  for  the  creation  of  a board  of  election  commissioners  in 
cities  etc.  and  its  appointment  by  the  county  court  is  a proper  delegation  of  power  to 
a judicial  tribunal;  People  v.  Hoffman,  116  111.,  594. 

367.  Commissioners  — selection  — qualifications  — vacancy.] 

§ 2.  Two  of  such  commissioners,  at  least,  shall  always  be  selected 
from  the  two  leading  political  parties  of  tlie  state,  one  from  each  of  such 
parties,  and  all  shall  be  legal  voters  and  householders,  residing  iu  such 
city,  village  or  incorporated  town,  and  be  men  of  well  known  political 
convictions  and  of  approved  integrity  and  capacity.  No  commissioner 
can  hold  any  other  public  office.  Whenever  it  shall  come  to  the  know- 
ledge of  such  judge  of  the  county  court  that  one  of  the  leading  political 
parties  of  the  state  is  not  represented  upon  such  commission  by  a.j^erson 
of  the  same  political  faith,  he  shall  at  once  remove  one  of  suchcommis- 


Elections.  ]g5 

siuiiers,  and  fill  the  vacanc}^  with  a member  of  tlie  leading  political  party 
not  so  represented. 

1.  A statutory  direction  that  appointees  to  an  office  shall  be  selected  from  two  political 
parties  is  but  a rule  to  guide  the  appointing  power,  it  imposes  no  act  or  action  on 
the  appointees  of  whom  no  test  can  be  required  save  the  constitutional  oath;  People 
V.  Hoffman,  116  111.,  594. 

368.  Removal  on  complaint — cause  for.]  § 3.  Such  judge  of  the 
county  court  may,  at  any  time,  upon  complaint  made  and  cause  shown, 
satisfactory  to  him,  after  notice  to  such  commissioner,  and  an  opportu- 
nity to  be  heard,  remove  any  such  commissioner  and  enter  of  record 
in  the  court  such  order  of  removal,  and  there  shall  be  no  appeal  from 
such  order.  Such  complaint  must  be  signed  and  sworn  to  by  at  least 
twenty-five  legal  voters  of  such  city,  village  or  incorporated  town,  and 
must  state  the  grounds  of  such  complaint. 

369.  Organization  of  board  — officers  — oath  — bond  — office.] 
§ 4.  Within  twenty  days  after  such  first  appointment  shall  be  made, 
such  commissioners  shall  organize  as  a board  by  electing  one  of  their 
number  as  chairman,  and  one  as  secretary,  and  they  shall  perform  the 
duties  incident  to  such  offices.  And,  upon  every  new  appointment  of 
a commissioner,  such  board  shall  reorganize  in  like  manner.  Each  com- 
missioner, before  taking  his  seat  in  such  board,  shall  take  an  oath  of 
office  before  such  county  judge,  which  in  substance  shall  be  in  the  fol- 
lowing form  : 

“I,  do  solemnly  swear  (or  affirm)  that  I am  a citizen  of  the  United  States, 

and  have  resided  in  the  city  of in  the  state  of  Illinois,  for  a period  of  ten 

years  last  past,  and  that  I am  a legal  voter  and  householder  in  said  city  and  state. 
That  I will  support  the  constitution  of  the  United  States  and  of  the  state  of  Illinois, 
and  the  laws  passed  in  pursuance  thereof,  to  the  best  of  my  ability,  and  will  faith- 
fully and  honestly  discharge  the  duties  of  the  office  of  election  commissioner  for  said 
city 

Which  oath,  when  subscribed  and  sw'orn  to  before  such  judge,  shall 
be  filed  in  the  office  of  the  county  clerk  of  said  county,  and  be  there 
preserved.  Such  commissioner  shall,  also,  before  taking  such  oath,  give 
an  official  bond  in  the  sum  of  ten  thousand  dollars,  with  two  securities, 
to  be  approved  by  said  judge,  conditioned  for  the  faithful  and  honest 
performance  of  his  duties  and  the  preservation  of  the  property  of  his 
office.  Such  board  of  commissioners  shall  at  once  secure  and  open  an 
office,  sufficient  for  tiie  purposes  of  such  board,  which  shall  always  be 
kept  open  during  business  hours  of  every  day,  Sundays  and  legal  holi- 
days excepted.  Upon  the  opening  of  such  office,  the  county  clerk  of 
the  county  in  which  such  city,  village  or  incorporated  town  is  situated, 
shall,  upon  demand,  turn  over  to  such  board,  all  registry  books,  poll 
books,  tally  sheets  and  ballot  boxes  heretofore  used,  and  all  other  books, 
forms,  blanks  and  stationery  of  every  description  in  his  hands  in  any 
way  relating  to  elections  or  the  holding  of  elections  within  such  city, 
village  or  incorporated  town. 

370.  Board  — provide  ballot  boxes  etc.]  § 6.  Such  board  shall 
provide  all  necessary  ballot  boxes  and  all  registry  books,  poll  books, 
tally  sheets,  blanks  and  stationery  of  every  description  with  printed 

24 


]86 


ELECTIOi^'S. 


lieadings  and  certificates,  necessary  and  proper  for  the  registry  of 
voters  and  the  conduct  of  sncli  election,  and  for  every  incidental  pur- 
])ose  connected  tlierewitli. 

371.  Chief  clerk  — powers  and  duties  of.]  §7.  Said  board  shall 
have  the  right  to  employ  a chief  clerk,  who  shall  have  charge  of  the 
office  of  said  hoard,  and  who  shall  he  present  and  in  attendance  at  all 
proper  business  hours.  Such  chief  clerk  shall  take  an  oath  of  office 
before  such  county  judge,  to  the  effect  that  he  will  honestly  and  faith- 
fully perform  all  the  duties  of  such  office,  under  the  direction  of  said 
hoard,  which  shall  be  preserved  in  the  same  way,  and  he  shall  be  under 
the  direction  of  said  board,  and  he  shall  have  the  right  to  administer 
all  oaths  required  under  this  act  to  be  administered  by  either  of  said 
commissioners.  Such  additional  assistance  may  be  employed  by  said 
board  from  time  to  time,  as  may  be  necessary,  with  the  consent  and 
approval,  previously  entered  of  record,  by  said  county  court,  or  which 
may  afterwards  be  approved  by  such  court. 

372.  Commissioners  to  establish  election  precincts.]  § 8.  It 
shall  be  the  duty  of  said  l)oard  of  commissioners,  within  two  months 
after  its  first  organization,  to  divide  such  city,  village  or  incorporated 
town  into  election  precincts,  which  shall  contain,  as  nearly  as  practicable, 
three  hundred  actual  voters  and,  in  making  such  division,  and  estab- 
lishing such  precincts,  such  board  shall  take  as  a basis  the  poll  books, 
or  the  number  of  votes  cast  at  the  last  previous  presidential  election. 
Witliin  ninety  days  after  each  presidential  election,  such  board  shall 
revise  and  re-arrange  such  precincts  on  the  basis  of  the  votes  cast  at 
such  election,  making  such  precincts  to  contain,  as  near  as  practicable, 
three  hundred  actual  voters,  measured  by  the  vote  of  such  election,  but 
at  any  time  and  in  all  instances  where  the  vote  cast  at  any  precinct,  at 
any  election,  equals  four  hundred  and  fifty,  there  must  be  a re-arrange- 
ment, so  as  to  reduce  the  vote  to  the  standard  of  three  hundred,  as 
near  as  may  be.  The  precincts  in  each  ward,  village  or  incorporated 
town  shall  be  numbered  from  one  upwards  consecutively. 

1.  It  is  essential  to  tlie  validity  of  an  election  tliat  it  be  held  at  tbe  time  and  in  the 
place  provided  by  law;  Stephens  v.  People,  89  111.,  337. 

2.  Absolute  necessity  alone  will  justify  the  holding  of  an  election  at  a place  other 
than  that  provided  by  law;  Simons  v.  People,  18  App.,  588. 

373.  General  registration  of  voters. ) § 9.  After  the  first  organi- 

zation of  such  board  of  commissioners  it  shall  prepare  for  a new  and 
general  registration  of  voters  for  the  next  general  city  or  village  elec- 
tion, or  general  state  or  county  election,  as  the  case  may  be,  and  when 
made,  such  registry  shall  be  continued  and  revised  in  the  manner  here- 
inafter provided. 

1.  The  constitution  does  not  prohibit  — but  contemplates  — that  the  legislature 
shall  provide  a mode  of  ascertaining  and  determining  the  existence  of  voters’  qualifi- 
cations; People  V.  Hoffman,  116  111.,  594. 

374.  Judges  and  clerks  — appointment  and  qualifications.] 

§ 10.  Said  board  of  commissioners  shall,  at  least  sixty  days  prior  to 
such  election,  select  and  choose  three  electors,  who  shall  be  house- 


Elections. 


187 


holders,  as  judges  of  election  for  each  precinct  in  such  city,  village  or 
incorporated  town.  They  must  be  citizens  of  the  United  States,  and 
entitled  to  vote  in  the  ward,  village  or  incorporated  town,  in  which  such 
precinct  is  located  at  the  next  election,  and  they  must  be  men  of  good 
repute  and  character,  who  can  speak,  read  and  write  the  English  lan- 
guage, and  be  skilled  in  the  four  fundamental  rules  of  arithmetic,  and 
the}^  must  be  of  good  understanding  and  capable;  they  must  reside  in 
the  precinct  of  the  village,  city  or  incorporated  town  at  which  they  are 
selected  to  act,  and  they  must  not  hold  any  office  or  employment  under 
the  United  States,  the  state  of  Illinois,  or  under  the  county,  city,  village 
or  town  in  which  such  election  is  to  be  held,  and  they  must  not  be  can- 
didates for  any  office  at  the  next  ensuing  election.  Two  clerks  of 
election  shall  be  selected  within  the  same  time  by  said  board,  who  shall 
possess  the  same  qualifications  as  the  judges,  except  that  they  need  not 
be  householders.  Being  a notary  public  shall  be  no  disqualification  for 
judge  or  clerk. 

375.  Examination  of  judges  etc. — confirmation  — rejection  — 
exemption  — refusal  to  serve  — penalty.]  §11.  Each  and  every 
person  so  selected  by  the  board  of  election  commissioners  shall  be  noti- 
fied of  the  fact  of  his  selection,  with  direction  to  appear,  within  the 
time  fixed  in  the  notice,  before  such  board  for  tlie  purpose  of  examina- 
tion, and  if,  upon  examination,  he  is  found  qualified,  he  shall,  unless 
excused,  by  such  commissioners,  by  reason  of  ill  health  or  old  age,  be 
bound  to  serve  as  such  officer  for  the  term  of  one  year,  if  his  appoint- 
ment shall  be  confirmed  by  the  county  court.  Said  commissioners  shall 
keep  books  in  which  shall  be  written  down  the  names  of  all  such  judges 
and  clerks  agreed  upon  before  such  notification,  to  appear  before  them, 
and  if,  when  they  appear,  .they  shall  be  rejected  for  want  of  qualifica- 
tion, such  fact  shall  be  noted  on  said  books  opposite  their  names,  and  if 
excused  on  the  ground  of  ill  health  or  old  age,  such  fact  shall  be  noted, 
in  like  manner  also,  if  they  do  not  appear  for  examination,  such  fact 
shall  be  noted.  No  person  shall  be  compelled  to  serve  as  judge  or  clerk, 
for  three  years  after  the  expiration  of  his  term  of  service.  The  judges 
and  clerks  of  election  shall  be  exempt  from  jury  duty  during  the  term 
of  their  service,  and  for  two  years  thereafter.  In  case  such  person,  so 
selected  and  notified  to  appear  for  examination,  shall  not  appear  before 
such  board  as  required,  or  if  he  does  appear  and  shall  refuse  to  serve, 
he  shall  forfeit  not  less  than  one  hundred  dollars  nor  more  than  three 
hundred  dollars,  unless  it  shall  appear  that  lie  was  not  qualified  for  such 
service  for  any  reason  herein  stated. 

376.  Appointment  and  removal  of  judges  and  clerks.]  § 12. 
In  the  selection  of  judges  of  election,  at  least  one  judge  shall  be  selected 
from  each  of  the  two  leading  political  ]>arties  or  organizations  of  the 
state,  to  serve  in  each  precinct,  and  one  clerk  of  election  shall  be  selected 
from  each  of  the  two  leading  political  parties  of  the  state  to  serve  in 
each  precinct.  Each  of  the  commissioners  shall  have  a veto  upon  the 
proposed  selection  or  nomination  of  any  judge  or  clerk,  and  if,  in  any 
instance,  in  consequence  of  such  veto,  the  board  can  not  agree  upon  such 


188 


Elections. 


appointments,  then  the  names  of  six  persons  wlio  are  eligible  shall  be 
selected  for  judge  or  clerk,  as  the  ease  may  be,  by  the  commissioner  or 
commissioners  belonging  to  the  leading  ])olitieal  j)arty  entitled  to  be 
represented  by  such  judge  or  clerk,  and  out  of  said  six  names  the  other 
commissioner  or  commissioners  representing  the  other  leading  political 
party  of  the  state,  shall  select  the  name  of  such  judge  or  clerk,  who, 
when  so  selected,  shall  be  the  judge  or  clerk,  if  otherwise  eligible,  if  he 
will  serve  or  shall  be  not  excused  for  cause,  and  if  he  shall  be  con- 
firmed by  tlie  county  court.  In  case  tlie  persons  so  selected  for  judges  or 
clerks  do  not  appear  for  examination  on  notification,  then  some  other  per- 
sons shall  be  selected  and  notified  as  aforesaid,  until  some  eligible  person 
is  found  who  will  serve.  In  all  cases  where  the  ])arties  aforesaid  do  not 
appear  and  be  examined,  or  if  they  do  appear  and  refuse  to  serve,  it 
shall  be  the  duty  of  the  commissioners,  by  the  corporate  name  of  the 
board  of  commissioners  of  election,  to  prosecute  such  persons  for  such 
forfeiture  above  provided,  and  collect  and  pay  over  the  same  in  to  the 
county  treasury,  and  the  failure  of  such  board  of  commissioners  of 
election,  or  eitlier  of  them,  to  prosecute  such  persons  shall  be  sufficient 
cause  for  removal  from  office  and,  when  established,  the  county  court 
shall  so  remove  such  commissioner  or  comtnissioners  from  office. 

377.  Judges  and  clerks  to  be  selected  from  different  political 
parties.]  g 13.  The  leading  political  party  represented  by  a minority 
of  all  the  commissioners  in  said  board  shall  be  entitled  to  one  of  the 
judges  and  one  of  the  clerks  in  each  ])recinct  with  an  even  number, 
and  to  two  of  the  judges  and  one  of  the  clerks  in  each  precinct  with 
an  odd  number,  and  the  other  leading  political  party  shall  be  entitled 
to  two  judges  in  the  even  and  one  judge  in  the  odd  numbered  pre- 
cincts and,  also,  shall  be  entitled  to  one  clerk  in  each  precinct,  and  it 
shall  be  the  duty  of  such  commissioners  to  observe  this  division  in  all 
respects  in  making  such  appointments.  If  there  should  be  three  po- 
litical parties  represented  in  said  board  of  commissioners,  then  each  of 
such  parties  shall  have  one  representative  as  judge  in  each  precinct,  as 
far  as  practicable,  to  be  selected  under  some  rule  to  be  adopted  by  such 
board.  And,  if  there  be  not  three  political  parties  represented  upon 
such  board,  yet  if  there  be  a third  political  party  in  such  city,  respect- 
able in  numbers,  said  commissioners  may,  in  their  discretion,  select  a 
judge  from  said  party  for  each  precinct,  if  a proper  person  for  such 
position  can  be  found,  in  such  manner  as  said  board  may  agree  upon. 

378.  Selection  of  judges  and  clerks  returned  to  county  court — 
confirmation  — vacancies  — removals.]  ^ IT.  After  the  judges  and 
clerks  are  selected  and  have  agreed  to  serve,  then  a report  of  such  se- 
lections shall  be  made  and  tiled  in  the  county  court  and  application 
shall,  then,  be  made  by  said  board  to  said  court  for  their  confirmation 
and  appointment;  whereupon  the  county  court  shall  enter  an  order  that 
cause  be  shown,  if  any  exist,  against  the  confirmation  and  appointment 
of  such  persons  so  named,  on  or  before  the  opening  of  the  court,  on  a 
day  to  be  fixed  by  the  court.  And,  said  board  of  commissioners  shall 
immediately  give  notice  of  such  order,  and  the  names  of  all  of  such 


Elections. 


]8!) 


judges  and  clerks  so  reported  to  such  county  court  for  contirmation,  and 
their  residence,  and  the  precinct  for  which  they  are  selected,  by  caus- 
ing the  same  to  be  published  in  one  or  more  newspapers  in  such 
city,  village  or  incorporated  town,  and,  if  no  newspaper  be  published  in 
such  city,  village  or  incoi-porated  town,  then  by  posting  such  notice  in 
three  of  the  most  public  places  in  such  city,  village  or  town;  and,  if  no 
cause  to  the  contraiy  be  shown  prior  to  the  day  fixed,  such  appoint- 
ments sliall  be  confirmed  by  order  entered  by  that  court.  If  objections 
to  the  appointment  of  any  such  judge  or  clerk  be  filed,  within  the  time 
aforesaid,  the  court  shall  hear  such  objections  and  the  evidence  intro- 
duced in  support  thereof,  and  shall  confirm  or  refuse  to  confirm  such 
nominations,  as  the  interests  of  the  public  may  require.  No  reasons 
need  be  given  for  a refusal  to  confirm.  If  any  vacancies  shall  exist  by 
reason  of  the  action  of  such  board  or  otherwise,  at  any  time,  the  said 
board  of  commissioners  shall  further  report  and  nominate  persons  to 
fill  such  vacancies  so  existing  in  the  manner  aforesaid,  and  the  court  in 
the  same  way  shall  consider  such  nominations,  and  shall  confirm  or  re- 
fuse to  confirm  the  same  in  the  manner  aforesaid.  Upon  the  confirma- 
tion of  such  judges  and  clerks,  at  any  time,  a commission  shall  issue  to 
each  of  such  judges  and  clerks,  under  the  seal  of  such  court,  and 
appropriate  forms  shall  be  ]>repared  by  said  board  of  commis^ioners 
for  such  purpose.  After  such  confinnation  and  acceptance  of  such 
commission,  such  judges  and  clerks  shall,  thereupon,  become  officers  of 
such  court,  and  shall  be  liable  in  a ]u-oceeding  for  contempt  for  any 
misbehavior  in  their  office,  to  be  tried  in  open  court  on  oral  testimony, 
in  a summary  wajq  without  formal  pleadings;  but  such  trial  or  punish- 
ment for  contempt  of  court  shall  not  be  any  bar  to  any  proceedings 
against  such  officers,  criminally,  for  any  violation  of  this  act.  Where 
a vacancy  shall  occur  so  late  that  application  to  and  contirmation  by 
the  court  can  not  be  had  before  the  election,  then  said  board  of  com- 
missioners shall  make  appointment  and  issue  a commission  to  such 
officer  or  officers,  and  when  thus  appointed,  such  officer  shall  he  con- 
sidered an  officer  of  the  county  court,  and  subject  to  the  same  rules  and 
punishment,  in  case  of  misbehavior,  as  if  confirmed  by  said  court,  and 
any  judge  or  clerk,  however  appointed  and  at  whatever  time,  shall  be 
considered  an  officer  of  court,  and  be  subject  to  the  same  control  and 
punishment  in  case  of  misbehavior.  Said  board  of  commissioners  shall 
have  the  right  at  any  time,  in  case  of  misbehavior  or  neglect  of  duty,  to 
remove  any  judge  of  election  or  clerk  of  election,  and  cause  such 
vacancy  to  be  filled  in  accordance  with  this  act.  The  judges  and  clerks 
of  election  must  be  appointed  and  confirmed  at  least  thirty-five  days 
prior  to  the  next  election.  If  any  vacancy  shall  occur  or  exist  more 
than  five  days  before  election,  the  judges  or  clerks  appointed  to  such 
places  must  be  confirmed  by  such  court.  Such  commissioners  shall  not 
voluntarily  remove  any  judge  or  clerk  within  five  days  of  such  election, 
except  for  flagrant  misbehavior,  incapacity  or  dishonesty.  And  the 
reasons  therefor  must  afterward  be  reported  in  writing  to  such  court, 
and  if  such  removal  be  wilful  and  without  cause,  said  commissioners 


I!H) 


ElPX'TIONS. 


sliall  ]>e  guilty  of  ii  misdeincaiior  under  tliis  aet,  and  be  subject  to 
removal. 

379-  Judges  and  clerks  to  be  notified  — oath.]  § 15.  After  the 
issue  of  a commission  to  such  judges  and  clerks,  they  shall  again  be 
notified  to  aj)pear  at  the  office  of  said  board  and  shall,  then  and  there, 
after  taking  tlie  oath  of  office  before  one  of  said  commissioners  or  said 
chief  clerk,  receive  their  commissions,  and  the  oath  of  office  shall  be 
in  writing  and  subscribed  by  each  one,  and  shall  be  in  substance  as 
follows : 

“I. , residing  at in  the  city  (village  or  town)  of 

in  the  state*  of  Illinois,  do  soleinnly  sw(>ar  (or  alhriii)  that  I am  a legal  voter  (and  a 

honsehohler  in  case  of  a judge),  in  the ward  of  the  city  (village  or  town) 

of in  the  state  of  Illinois;  that  I will  siii)]>ort  the  laws  and  constitution  of 

the  Tnited  States  and  of  the  state  of  Illinois,  and  that  I will  faithfully  and  honestly 
discharge  the  duties  of  the  office  of  judge  (or  clerk)  of  elections  and  of  registration', 

for  the prc'cinct  of  the ward  of  the  city  (village  or  town)  of 

in  the  county  of ,in  the  state  of  Illinois,  according  to  the  best  of  my  ability”. 

380.  Registry  and  polling  place  in  each  precinct.]  § 16.  It 

shall  be  the  ditty  of  said  board  of  commissioners  to  appoint  the  place 
of  registry  and,  also,  the  polling  place,  in  each  precinct  in  such  city, 
village  or  town,  and  to  give  public  notice  thereof,  and  shall  cause  the 
same  to  be  fitted  up,  warmed,  lighted  and  cleaned;  but, in  each  election 
])recinct,  such  jfiace  or  places  shall  be  in  the  most  public,  orderly  and 
convenient  ]'>ortions  thereof,  and  no  building  or  part  of  building  shall 
be  designated  or  used  as  a place  of  registry,  or  revision  of  registration, 
or  as  a polling  place,  in  which  spirituous  or  intoxicating  liquor  is  sold. 

381.  Record  of  penitentiary  convicts  — persons  pardoned.] 
§17.  It  shall  be  the  duty  of  the  clerk  of  any  court  where  parties  are 
tried  or  convicted  of  penitentiary  offenses,  in  the  county  where  such 
city,  village  or  incorporated  town  is  located,  to  furnish,  monthly,  to 
such  board  of  commissioners  the  names  of  all  parties  convicted  or  sen- 
tenced for  any  crimes,  the  punishment  of  which  is  confinement  in  the 
penitentiary,  and  their  place  of  residence,  if  such  fact  be  in  the  posses- 
sion of  such  clerk.  It  shall  be  the  duty  of  the  governor  of  the  state, 
on  or  before  the  first  day  of  October  in  each  year,  to  furnish  to  such 
commissioners  of  election  the  names  of  all  persons  pardoned  by  him 
out  of  the  penitentiary,  for  any  crime  of  which  such  party  was  con- 
victed in  a court  in  a county,  where  said  city,  village  or  incorporated 
town  is  located. 

382.  Monthly  reports  of  the  dead.]  § 18.  It  shall  be  the  duty 
of  the  person  or  officer,  having  charge  of  the  vital  statistics  of  any  such 
city,  village  or  incorporated  town,  to  furnish  to  such  board  of  election 
commissioners,  monthly,  a report  of  the  names  and  the  previous  resi- 
dences of  all  male  persons  over  twenty-one  years  of  age  tliat  have  died 
during  the  preceding  month. 

383.  List  of  the  dead  and  criminals.]  § 19.  It  shall  be  the  duty 
of  the  board  of  election  commissioners  to  cause  to  be  arranged,  as  nearly 
as  possible  according  to  wards  in  cities,  and  election  ])recincts  in  villages 
or  incor]'»orated  towns,  the  names  and  the  residences,  or  the  former  resi- 


Elections. 


191 


deuces,  of  all  such  criminals  and  of  all  such  deceased  jiarties.  and  to 
have  tlie  same  printed  by  wards  in  cities  and  election  precincts  in  vil- 
lages or  incorporated  towns,  and  furnish  a printed  list  of  the  names  of 
such  ]iersons,  whose  residence  was  formerly  in  such  wards  or  precincts 
to  all  the  judges  of  election  of  such  wards  or  precincts  when  acting  as 
a board  of  registry,  for  their  guidance,  and  when  they  shall  be  advised 
that  a pei’son  convicted  of  a crime  has  been  ]>ardoned,  such  fact  shall 
be  noted  opposite  his  name.  Such  list  shall  be  arranged  al])habetically. 

384.  Notice  of  registration.]  § 20.  It  shall  be  the  duty  of  such 
board  to  give  timely  notice  through  the  press  of  the  time  and  place  of 
registration  and  election  in  each  precinct  of  such  city,  village  or  incor- 
porated town  ; and  they  shall,  also,  cause  the  printed  list  and  supplement 
of  the  registration  for  the  previous  election  to  be  posted  up  at  the  place 
of  registration,  two  days  before  such  registration,  with  a printed  notice 
of  the  time  and  place  of  the  next  registration.  This  to  be  obligatory 
only  after  the  first  registration  under  this  act. 

385.  Rules  and  regulations  — conduct  of  elections.]  §21.  Said 
board  of  commissioners  shall  make  all  necessary  rules  and  regulations, 
not  inconsistent  with  this  act,  with  reference  to  the  registration  of 
voters  and  the  conduct  of  elections;  and,  they  shall  have  charge  of  and 
make  provisions  for  all  elections,  general,  special,  local,  municipal, 
state  and  county,  and  of  all  others  of  every  description,  to  be  held  in 
such  city  or  any  part  thereof,  at  anv  time,  or  in  such  village  or  incor- 
porated town,  as  the  case  may  be. 

386.  Election  days — holidays.]  § 22.  The  days- upon  which  the 
general,  state  or  county  or  city  elections  shall,  hereafter,  be  held  in  such 
city,  village  or  incorporated  town,  shall  be  holidays,  and  shall,  for  all 
purposes  whatever  as  regards  the  presenting  for  payment  or  acceptance, 
and  of  the  protesting  and  giving  notice  of  the  dishonor  of  bills  of  ex- 
change, bank  checks  and  promissory  notes,  and  as  regards  days  of  grace 
upon  commercial  paper,  be  treated  and  considered  as  is  the  first  day  of 
the  week,  commonly  called  Sunday. 

387.  Subsequent  selection  of  judges  and  clerks.]  § 23.  At 
least  sixty  days  prior  to  the  next  election,  occurring  immediately  after 
the  expiration  of  the  term  of  office  of  said  judges  and  clerks,  said  elec- 
tion commissioners  shall  cause  judges  and  clerks  of  election  again  to  be 
selected,  who  shall  be  selected,  appointed  and  commissioned  in  the 
same  way,  according  to  the  same  forms  and  subject  to  the  same  quali- 
fications and  limitations  as  required  for  the  selection  and  appointment 
of  such  officers  in  the  first  instance  hereunder. 

Aktici.e  III. — General  Registration. 

388.  Board  of  registry.]  §1,  The  judges  of  election  shall  consti- 
tute the  board  of  registry  in  tlie  precinct  for  which  they  shall  be  ap- 
pointed. 

1.  The  registration  of  voters  in  cities  etc.  is  not  an  arbitrary  and  unreasonable  ex- 
ercise of  the  power  to  regulate  elections;  People  v.  Hoffman,  116  111.,  594. 


Elections. 


192 

389.  Who  entitled  to  vote.]  § 2.  Every  person  having  resided  in 
the  state  one  year,  in  the  county  ninety  days  and  in  the  election  pre- 
cinct tliirty  (lays  next  preceding  any  election  therein,  who  was  an 
elector  in  tliis  state  on  the  first  clay  of  April,  in  the  year  A.  D.  1848, 
or  obtained  a certificate  of  naturalization  before  any  court  of  record  in 
this  state  prior  to  the  first  day  of  January,  one  thousand  eight  hundred 
and  seventy,  or  who  shall  be  a male  citizen  of  the  United  States  above 
the  age  of  twenty-one  years,  shall  be  entitled  to  vote  at  such  election. 

1.  p]acli  state  has  an  undoubted  ri^lit  to  prescribe  the  ({ualifications  of  its  own 
voters.  The  qualification  which  the  voter  is  required  to  possess,  in  a congressional 
election,  depends,  entirely,  on  the  law  of  the  state  in  which  the  elective  francise  is 
exercised;  Spragins  Houghton,  2 Scam.,  377. 

2.  The  right  of  suffrage  is  not  co-extensive  with  the  right  of  citizenship;  Blanck 
tj.  Pausch,  113  111.,  64. 

3.  It  does  not  follow  that  one  who  has  a domicile  has  a right  to  vote;  Kreitz  v. 
Behrensmeyer,  125  111.,  169. 

4.  In  this  state  permanent  residence  must  always  precede  an  election  for  an  ex- 
tended space  of  time — varying  from  one  year  to  thirty  days — to  entitle  to  vote;  Kreitz 

^ V.  Behrensmeyer,  125  111.,  169. 

5.  Abandonment  of  domicile  before  election  on  a day  too  near  election  to  be  quali- 
fied in  a new  district  takes  away  the  right  to  vote;  Kreitz  v.  Behrensmeyer,  125  111., 
169. 

6.  Legal  voter  is  not  deprived  of  his  right  to  vote  here  by  having  voted  in  another 
state,  while  temporarily  engaged  in  business  there;  O’Hair  v.  Wilson,  124  111.,  351. 

390.  Meeting  of  board  of  registry  — registry  books  — control 
of.]  § 3.  Such  board  of  registry  and  the  election  clerks  shall  meet  in 
the  precinct  on  Tuesday,  three  weeks  preceding  the  first  general  city, 
village  or  town  election,  or  the  first  general  state  or  county  election 
which  may  occur  after  the  first  appointment  of  such  board  of  election 
commissioners,  at  the  place  designated  by  such  board  of  commissioners, 
and  they  shall  then  proceed  to  make  a general  registration  of  all  the 
voters  in  such  precinct.  A new  general  registration  shall  be  made,  by 
the  board  of  registry,  in  every  year  in  which  a congressional  election 
occurs,  and  just  prior  thereto,  the  first  day  of  such  registration  being  on 
Tuesday,  three  weeks  before  such  election,  and  the  second  day  of  regis- 
tration being  on  Tuesday,  two  weeks  before  such  election.  Three 
registry  books  shall  be  furnished  to  such  board  by  the  board  of 
election  commissioners  for  the  purpose  of  such  registration,  and  such 
books  of  registry  shall  be  prepared  substantially  in  the  following  form : 


Elections. 


193 


240  Ohio  St 

205  Ontario  St 

150  Dearborn  Ave. 
131  Clark  St 

Residence. 

Anschuler,Christ’n. 

Allen,  John 

Ansfin  OprirD’o 

B 

CD 

■Ji 

s* 

B 

Address. 

0 
a 

1 ’ 

England 

f4pnrcrifl  . 

Massaehus’ts.. 

Nativity. 

V- 

1 ^ 

W Cl 

^ B B 

< o c 

» cc  cc 

Precinct. 

Term  of  Resi- 
dence. 

cc  ic 

» CD 

County. 

Ci  c 

02  t 

^ 

^ o:  CD 

State. 

> • 1 

T>  ^ ( 

D • 

-5 

1 

I Native. 

cc 

1-^ 

CD 

Naturalized. 

July  1,  ’(58.. 

-I 

! Date  of 
, Naturali- 
i zation 
Papers. 

j Not  known.. 
( Baltimore.. . 

Superior,  N.Y. 
1 

Court. 

1 By  act  of  Congress. 

Yes.. 
Yes . . 
No.. . 
Yes. . 

Qualified  voter 

o < 

0 ( 

j 

1 : 
^ < 

0 o o 

o o 

^ Vx 

DO  GO  00 

Date  of 
Applica- 
tion for 
Registry.  ! 

1 

1 Why  disqualified 

1 Erased. 

1 Bestored. 

1 By  Commissioners. 

1 By  Court. 

1 Vote  challenged. 

1 Remarks. 

O 

I— I 

OT 

o 


o 

•-3 

?d 

CO 


SI 

o 

I— t 

o 


0 

S) 

u 


I 


1!)4 


INFLECTIONS. 


One  of  said  books  shall  be  denominated  “Public  Register”  on  the 
outside  or  on  tlie  lirst  })age. 

Said  board  of  registi’y  shall  then  proceed  as  follows: 

I.  They  shall  o})cn  the  registry  at  eight  o’clock  a.  m.  and  continue  in 
session  until  nine  o’clock  r.  m.  on  the  first  day.  One  of  the  judges 
shall  administer  to  all  persons  who  shall  personally  apply  to  register 
the  following  oath  or  affirmation  : 

“Yon  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you  touching  your  place  of 
residence,  name,  place  of  birth,  your  qualifications  as  an  elector,  and 
your  right,  as  such,  to  register  and  vote  under  the  laws  of  this  state  ”. 

II.  Each  of  said  clerks  of  election  and  one  of  said  judges  of  election, 
shall  have  charge  of  tlie  registry  books  and  shall  make  the  entries 
therein,  required  by  this  act,  and  one  of  the  judges  shall  ask  the  ques- 
tions as  to  (jualification  and,  after  he  is  through,  either  of  the  judges 
may  ask  questions.  One  of  the  judges  of  election  may,  when  neces- 
sary, relieve  one  of  the  clerks,  from  time  to  time  as  necessity  may 
seem  to  demand,  in  making  entries  in  said  book. 

III.  The  name  of  every  applicant  shall  be  entered  in  such  registry 
books,  and  all  the  facts  shall  be  therein  stated,  as  hereinafter  provided, 
whether  he  be  entitled  to  vote  or  not. 

If  it  shall  be  determined  by  the  board  that  he  is  not  a qualified  voter 
in  such  precinct,  then  an  entry  shall  be  made  in  the  appropriate  column 
“no”,  and  if  qualified,  an  entry  shall  be  made  in  the  same  column 
“ yes”. 

lY.  Only  such  male  persons  of  the  age  of  twenty-one  years,  residing 
in  such  precinct,  as  apply  personally  for  registration,  shall  be  entered 
in  such  registers,  but  every  applicant  who  vvould  be  twenty-one  years 
of  age  on  the  day  of  the  next  election,  if  otherwise  qualified,  shall  be 
entered  on  such  registers.  Every  applicant  who  has  commenced  to  re- 
side in  such  precinct  at  least  thirty  days  before  such  election,  shall  be 
entered  in  such  registry,  and  shall  be  marked  “qualified”  or  “dis- 
qualified”, as  the  case  may  be;  but,  unless,  on  the  day  of  election,  he 
shall  have  resided  for  thirty  full  days  in  such  election  precinct,  he  can 
not  vote  therein,  although  otherwise  qualified. 

Y.  The  headings  to  the  registry  books  shall  be  so  prepared  that  the 
registry  shall  be  made  alphabetically,  according  to  the  surname  of  each 
person  applying;  but,  it  shall  be  arranged  so  that  the  residence  of  such 
persons  shall  appear  in  the  first  column.  The  register  shall  be  ruled, 
and  one  name  shall  be  written  on  each  line,  but  no  name  shall  be  writ- 
ten between  the  lines.  The  entries  shall  be  as  follows : 

1.  Under  the  column  “Residence”,  the  name  and  number  of  the 
street,  avenue,  or  other  location  of  the  dwelling,  if  there  be  a dehnite 
number,  and,  if  there  shall  not  be  a number,  such  clear  and  definite  de- 
scription of  the  place  of  such  dwelling  as  shall  enable  it  to  be 
readily  ascertained.  If  there  shall  be  more  than  one  house  at  the 
number  given  by  the  applicant  as  his  place  of  residence,  state  in  which 
house  he  resides.  And,  if  there  be  more  than  one  family  residing  in 


Elections. 


195 


said  house,  either  the  floor  on  which  he  resides  or  the  number,  or  loca- 
tion of  the  room  or  rooms  occupied  by  him,  whether  front  or  rear ; 
every  door  below  the  level  of  the  street  or  ground  being  designated  as 
the  basement ; the  first  door  above  such  level  being  designated  as 
the  drst  door,  and  each  door  above  that  as  the  second  or  such  other 
door  as  it  may  be. 

2.  Under  the  column  “ Address”,  the  name  of  the  applicant,  writing 
the  surname  drst,  and  given  or  Christian  name  after. 

3.  Under  the  column,  “ Nativity,”  the  state,  county,  kingdom,  em- 
pire or  dominion,  as  the  facts,  stated  by  applicant,  shali  be. 

4.  Under  the  subdivisions  of  the  general  column  “Term  of  Resi- 
dence.” the  periods  by  days,  months  or  years  stated  by  the  applicant. 

5.  Under  the  column  “Naturalized,”  the  word  “yes;”  under  the  col- 
umn “Native,”  the  word  “yes,”  according  to  the  fact  stated. 

6.  Under  the  column  “Date  of  Papers”,  the  date  of  naturalization, 
if  naturalized,  or  about  the  date. 

7.  Under  the  column  “Court”,  the  designation  of  the  court  in 
which,  if  naturalized,  such  naturalization  was  had;  and,  if  the  name  of 
the  court  can  not  be  had  with  certainty,  then  the  name  of  the  place  in 
which  such  court  was  located. 

8.  Under  column  ‘‘By  Act  of  Congress”,  the  word  “yes”  in  case 
such  person,  though  foreign  born,  has  been  made  a citizen  by  act  of 
congress  without  taking  out  his  naturalization  papers. 

9.  Under  the  column  “ Qualified  Yoter  ” the  word  “ yes  ” or  “ no  ”, 
as  the  fact  shall  appear  or  be  determined  by  a majority  of  the  board  of 
registry,  it  being,  however,  required  of  them,  to  designate  as  a quali- 
fied voter  any  male  person,  who,  if  otherwise  qualified,  shall  not,  at 
the  time  of  making  application,  be  of  age,  provided  the  time  when 
such  applicant  shall  be  of  the  age  of  twenty-one  shall  be  subsequent  to 
the  date  of  his  application,  and  not  later  than  the  day  of  election  im- 
mediately following  such  time  of  applying. 

10.  Under  the  column  “Date  of  Apj)lication,”  the  month,  day  and 
year  when  the  applicant  presented  himself,  and  was  adjudged  a qualified 
voter  in  election  precinct.  [As  amended  June  18,  1891.  L.,  1891,  p.  128. 

391.  Daily  certification  of  registration.]  § 4.  At  the  end  of  each 
day’s  registry,  or  revision  of  registration,  said  judges  shall  each  sign 
his  name  at  the  end  of  the  list  on  each  page,  so  that  no  new  name  can 
be  added  without  discovery,  and  shall,  also,  sign  a certificate,  as  herein- 
after provided ; but,  before  doing  so,  the  said  judges  and  clerks  shall 
compare  the  three  registers  so  kept,  and  cause  any  differences  to  be  cor- 
rected, and  to  make  the  same  agree  in  all  respects,  and  said  judges 
shall  then  attach  at  the  end  of  each  register,  in  substance  in  the  words 
and  figures  following : 

“We,  the  undersigned,  judges  of  election  in precinct  of  the 

ward  of  the  city  of in  the  state  of  Illinois,  do  jointly  and  severally  certify 

that  at  the  general  registration  of  electors  in.  said  election  precinct,  on  the 

day  of there  were  registered  by  us  in  said  election  precinct  the  names 


I'Jti 


Elixtioxs. 


which  in  this  book  arc  entered,  and  that  the  numl)er  of  registered  and  qualified 
voters  was  and  is  the  number  of  

“ Dated ” 

392.  Registry  to  be  posted  — right  to  challenge  — affidavit.] 

^ 5.  8aid  lioard  of  registry  shall,  on  or  before  noon  of  the  day  follow- 
ing such  registry’,  hang  np  the  register,  which  shall  be  known  as  the 
))nblic  register,  at  the  ])lace  of  registration,  which  shall  be  accessible  to 
the  ])iiblic  (hiring  all  business  hours,  and  the  other  two  registers  shall 
be  I’etnrned  to  the  board  of  election  commissioners,  within  the  time 
aforesaid.  Any  voter  of  the  ward,  village  or  town  shall  be  ])erinitted 
to  be  present  at  the  place  of  registration  in  said  ward  and  shall  have  the 
right  to  challenge  any  ajiplicant  who  applies  to  be  registered.  And, 
when  challenged  such  applicant  must  make  an  affidavit  in  writing,  set- 
ting out  the  facts  which  constitute  him  a voter  in  such  precinct,  and 
leave  it  with  said  board  of  registiy,  and  if  it  shall  be  deemed  sufficient 
and  if  the  board  is  convinced  that  such  person  is  a qualified  voter,  then 
he  must  be  admitted  to  such  register  as  qualified.  And,  any  person 
claiming  to  be  an  elector  of  any  election  precinct  in  such  city  and  who, 
upon  application,  is  denied  the  right  to  be  registered  as  a qualifieci 
voter  in  such  precinct,  may,  within  two  days  after  such  denial  of  reg- 
istiw,  make  and  sign  an  application  in  writing,  under  oath,  to  said 
board  of  election  commissioners  in  substance  in  the  following  form  : 

“ I do  solemnly  swear  that  I did,  on make  application 

io  the  board  of  registry  of  the precinct  of ward  of  the 

city  of and  that  said  board  refused  to  register  me  as  a qualified 

voter  in  said  precinct;  that  I reside  in  said  precinct,  am  a duly  qualified  voter  and 
entitled  to  vote  in  said  precinct  at  the  next  election  ”. 

393.  Revision  of  register  — second  meeting  — corrections 
etc.  — copy.]  §6.  On  Tuesday,  two  weeks  preceding  such  city,  vil- 
lage, town,  state  or  county  election,  said  board  of  registry  shall  again 
meet  at  the  place  designated,  and  said  clerks  of  election  shall  meet 
with  tliem,  and  they  shall  remain  in  session  from  eight  o’clock  a.  m. 
until  nine  o’clock  P.  M.,  for  the  purpose  of  registering  all  qualified 
voters  not  before  registered,  and  who  shall  apply,  in  person,  to  be  regis- 
tered. The  same  forms  shall  be  observed  as  to  applications  made  on 
the  second  day  as  were  required  on  the  first  day  of  registry.  If,  at  the 
end  of  such  day’s  registration,  the  said  registers  shall  be  examined,  com- 
pared and  made  to  agree,  and  they  shall  then  be  signed  by  the  judges 
in  the  same  way  as  at  the  end  of  the  first  day’s  registry,  and  simrlar 
certificates  shall  be  attached  thereto. 

The  board  of  election  commissioners  shall  furnish  to  the  board 
of  registry  in  each  precinct,  a blank  book,  which  shall  be  named 
“Verification  Lists,.”  each  page  of  which  shall  be  ruled  into 
three  columns,  and  those  on  the  left  hand  side  shall  be  marked 
thus : 


Elections. 


197 


registerp:d  names. 


street  Number. 

(Name) 

Street. 

Names. 

And  the  pages  on  the  right  hand  side  shall  be  marked  thus : 
NAMES  NOT  REGISTERED. 


Street  Number. 

(Name) 

Name. 

Street. 

Such  book  shall  contain  pages  sufficient  to  allow  six  pages  for  each 
street,  avenue,  alley  and  court  in  the  precinct.  During  the  progress 
of  the  registration,  or  immediately  thereafter,  the  clerks  of  said 
board  shall  transfer  all  the  names  upon  the  register  to  the  left 
hand  page  of  such  “verification  lists,”  arranging  them  according 
to  the  streets,  avenues,  alleys  or  courts,  beginning  with  the  low- 
est residence  number,  and  placing  them  numerically,  as  near  as 
possible,  from  the  lowest  up  to  the  highest  number.  They  shall 
first  write  the  name  of  such  street,  avenue,  alley  or  eourt  at  the 
top  of  the  second  column,  and  then  proceed  to  transfer  the  names 
to  the  left  hand  page  of  such  “verification  lists,”  according  to  the 
street  numbers  as  above  indicated. 

On  the  opposite,  or  right  hand  page,  the  name  of  the  same 
street,  avenue,  alley  or  court,  shall  be  written  in  the  second  col- 
umn. If,  during  either  day  of  registration,  any  registered  voter 
of  the  ward,  village  or  incorporated  town,  shall  come  before  the 
board  of  registry  and  make  oath  that  he  believes  that  any  par- 
ticular person  upon  said  registry  is  not  a qualified  voter,  such 
fact  shall  be  noted;  and  after  the  completion  of  sueh  “verifieation 
lists,”  such  board  or  one  of  said  judges,  shall  make  a cross  or 
check  mark  in  ink  opposite  such  name.  If  said  judges,  shall,  how- 


11)8 


Elections. 


ever,  know  that  any  ])erson  so  complained  of  is  a qualified  voter,  and 
shall  believe  that  such  complaint  Was  only  made  to  vex  and  harass  such 
(pialilied  votei',  then  such  name  shall  not  be  put  upon  such  list  of  sus- 
pected persons;  but  shall  go  upon  such  list  in  case  any  one  of  the 
judges  desire.  Said  judges  shall,  before  noon  of  the  next  day,  hang  up 
such  public  register  at  the  ])lace  of  registration  and,  within  the  same 
period  of  time,  return  the  other  two  registers  to  the  office  of  said  elec- 
tion commissioners.  [As  amended  June  18,  1891.  L.  1891,  p,  123. 

394.  Clerks  to  canvass  precinct,  how— suspended  list— refusal 
to  answer  questions  — policeman  — penalties.]  § 7.  The  clerks 
of  election  are,  hereby,  constituted  canvassers  of  the  precinct  for  which 
they  are  appoinfed,  and  upon  the  Wednesday  and  Thursday  following 
the  second  day  of  registration,  if  so  much  time  shall  be  required,  aaid 
two  clerks  shall  go  together  and  canvass  such  precinct,  calling  at  each 
dwelling  place  or  each  house  where  any  one  may  reside  in  such  pre- 
cinct, and  each  dwelling  })lace,  as  indicated  upon  said  verification  lists, 
and  ascertain  the  name  of  every  male  inhabitant  (>ver  twenty-one  years 
of  age  residing  in  such  precinct,  and  if  they  shall  find  that  any  person 
upon  their  ‘‘  verification  lists,”  on  the  left  hand  page  thereof,  does  not 
reside  at  the  place  designated  thereby,  they  shall  make  a check  mark  or 
cross  opposite  such  name. 

Said  canvassers  shall  also  write  dowm  in  their  “ verification  lists,”  on 
the  right  hand  page  thereof  so  designated,  “ Names  not  registered,” 
according  to  the  street  and  street  numbers,  all  the  names  of  all  persons 
so  ascertained  by  them  who  reside  in  such  precinct  whose  names  are 
not  already  upon  their  ‘Aerification  lists.”  No  name  shall  be  wi’itten 
down  on  said  right  hand  page  which  already  appears  on  said  left  hand 
page  of  such  “ verification  lists.”  Whenever  deemed  necessary  by  said 
canvassers,  or  either  of  them,  he,  or  they,  may  demand  of  the  sujierin- 
tendent,  captain,  lieutenant,  having  command  of  the  police  in  such  por- 
tion of  the  city,  village  or  town,  to  furnish  a policeman  to  accompany 
them  and  protect  them  in  their  duties,  when  necessary  ; and  it  shall  be 
the  duty  of  such  superintendent,  captain  or  lieutenant,  or  othei'  person, 
having  authority  over  such  police  in  such  locality,  to  furnish  a ])olice- 
man  for  such  purpose  and,  in  default  thereof,  such  captain,  superintend- 
ent, lieutenant,  or  other  person,  shall  be  deemed  guilty  of  a misde- 
meanor, under  this  act,  and  shall  be  liable  to  a penalty  not  exceeding 
one  hundred  dollars  nor  less  than  twenty-five  dollars.  If,  in  making 
such  canvass,  any  person  shall  refuse  to  answer  questions  and  to  give 
the  information  asked  for  and  known  to  him  or  her,  such  person  shall 
be  deemed  guilty  of  a misdemeanor,  under  this  act,  and  shall  be  liable 
to  a penalty  not  to  exceed  fifty  dollars.  In  making  such  canvass  said 
canvassers  shall  make  special  inquirj^  at  the  residence,  as  designated  in 
the  registry  and  verification  lists  as  to  all  the  persons  so  registered  as 
qualified  voters.  [As  amended  June  18,  1891.  L.  1891,  p.  123. 

395.  Notice  to  suspects — neglect  to  mail  or  deliver — penalties.] 
§ 8.  Immediately  upon  the  completion  of  such  canvass  said  canvassers, 


Elections. 


]!)!) 

or  one  of  them,  shall  sign  a notice  and  send  the  same  through  the 
United  States  mail,  duly  stamped,  to  the  address  given  upon  the  registry 
and  “ verification  lists,”  of  all  persons  named  therein  against  whose 
names  they  have  made  a cross  or  clieck  mark,  indicating  that  they  did 
not  reside  in  such  place  as  before  stated,  and  also  to  the  address 
of  all  persons  against  whose  names  said  registry  board  or  judge  of  elec- 
tion has  placed  a check  mark  or  cross  in  such  “ veritication  lists,”  which 
notice  shall  require  such  person  to  appear  before  the  board  of  registry 
upon  the  Saturday  following,  giving  the  time  of  such  session,  and  to 
show  cause  why  his  name  should  not  be  erased  from  such  registry. 
Proper  blanks  and  postage  stamps  shall  be  furnished  for  the  purpose  to 
said  canvassers  by  the  board  of  commissioners.  A similar  notice  shall 
be  also  served  by  one  of  said  canvassers,  either  at  the  time  such  canvass 
is  being  made  or  before  the  following  Saturday,  by  leaving  the  same 
with  the  party,  if  found,  or,  if  he  is  not  found  at  the  place  designated  in 
snch  registry  and  “ verification  lists,”  by  address  given  upon  the  legistry 
and  ‘‘  verification  lists,”  of  all  persons  named  therein  against  whose 
names  they  have  made  a cross  or  check  mark,  indicating  that  they  did 
not  reside  in  such  })lace  as  before  stated,  and  also  to  the  address  of  all 
persons  against  whose  names  said  registry  board  or  judge  of  election  has 
placed  a check  mark  or  cross  in  such  “ verification  lists,”  which  notice 
shall  require  such  person  to  appear  before  the  board  of  registry  upon 
the  Saturday  following,  giving  tlie  time  of  such  session,  and  to  show 
cause  why  his  name  sliould  not  be  erased  from  such  registry.  Proper 
blanks  and  postage  stam[)s  shall  be  furnished  for  the  purpose  to  said 
canvassers  by  the  board  of  commissioners.  A similar  notice  sliall  be 
also  served  by  one  of  said  canvassers,  either  at  the  time  such  canvass  is 
being  made  or  before  the  following  Saturday,  by  leaving  the  same  with 
the  party,  if  found,  or,  if  he  is  not  found  at  the  place  designated  in  such 
registry  and  “ verification  lists,”  by  leaving  the  same  at  such  address  if 
there  be  such  a place.  Such  notice,  to  be  sent  through  the  mail,  must 
be  mailed  not  later  than  10  o'clock  Friday  morning  of  the  week  of  such 
canvass.  If  suflucient  postage  stamps  are  not  delivered  to  such  canvas- 
sers by  said  board  for  the  purpose  aforesaid,  then  any  one  may  furnish 
such  postage  stamps  to  such  canvassers  for  that  purpose,  or  such  can- 
vassers may  procure  the  same  at  their  own  expense  and  afterward  render 
an  account  therefor  to  said  commissioners,  duly  sworn  to,  and  it  shall 
be  the  duty  of  the  said  commissioners  to  audit  such  account  and  cause 
the  same  to  be  paid.  It  shall  be  the  duty  of  such  commissioners,  upon 
application,  to  deliver  to  such  canvassers  postage  stamps  sufficient  for 
the  purpose  aforesaid,  when  not  delivered  before,  and  it  shall  be  the 
duty  of  such  canvassers,  or  one  of  them,  to  apply  to  said  commissioners 
for  such  postage  stamps,  if  sufficient  number  have  not  been  delivered  to 
them  for  the  purpose  aforesaid,  and  any  willful  neglect  of  said  canvas- 
sers to  make  application  for  sufficient  postage  stamps  as  aforesaid,  and 
any  willful  neglect  of  such  canvassers  to  mail  the  notice  aforesaid  to  all 
of  the  parties  checked  and  designated  as  aforesaid,  and  the  willful 


200 


Ei.fxtioxs. 


neglect  of  such  canvassers  to  leave  the  notice  aforesaid  at  the  place 
<lesignated  for  such  person  so  designated,  and  any  willful  neglect  to 
clieck  the  name  of  any  person  on  said  “ verilication  lists”  transferred 
from  the  registry  as  aforesaid  and  not  found  at  the  place  designated,  and 
any  willful  neglect  to  transfer  all  the  names  from  the  registry  as  afore- 
said to  sach  “verification  lists”  in  the  manner  aforesaid,  shall  be  deemed 
a misdemeanor,  and  such  canvasser  or  canvassers  shall  be  punished, 
u[ion  conviction  thereof,  by  imprisonment  in  the  countv  jail  for  not  less 
than  one  month  nor  more  than  one  year,  and  such  canvassers  shall  also 
be  liable  to  be  })unished  by  the  county  court  of  the  proper  county  as  for 
contempt  and  be  fined  not  less  than  $50,  or  imprisoned  in  the  county 
jail  by  such  court  fora  period  not  exceeding  one  hundred  days,  or  both, 
in  the  discretion  of  the  court.  And  it  shall  be  the  duty  of  said  boanl 
of  election  commissioners,  when  complaint  is  made  to  them,  to  investi- 
gate the  action  of  such  clerks  or  canvassers,  and  to  cause  them  to  be 
brought  befoi’e  such  county  court  and  to  prosecute  them  as  for  con- 
tempt, and  also,  at  their  discretion,  to  cause  them  to  be  prosecuted 
criminally  for  such  willful  neo'lect  of  duty.  [As  amended  June  18, 
1891.  L 1891,  p.  123. 

396.  Last  meeting  of  board  — revision  of  register  — new 
names  not  added  — notice  to  parties  — erasing  and  restoring 
names— powers  of  clerks.]  § 9.  On  the  Saturday  following  the  Tues- 
day, two  weeks  preceding  such  general  county,  city,  village,  town  or 
state  election,  the  said  board  of  registry  shall  again  meet  at  the  place 
designated,  and  said  clerks  of  election  shall  meet  with  them,  and  they 
shall  remain  in  session  from  six  o’clock  p.  M.  to  10  o'clock  p.  M.,  for  the 
sole  purpose  of  revising  their  registry,  and  no  new  names  shall  be  added. 
Said  canvassers,  or  one  of  them,  shall  make  out  a list  of  the  names  of 
parties  checked  and  designated  as  aforesaid  and  to  whom  such  notice 
has  been  sent,  given  or  left  with  the  address,  and  make  and  attach  his 
or  their  affidavit  or  affidavits  thereto,  stating  that  notice  duly  stamped 
was  mailed  to  each  of  said  ])arties  at  the  places  designated  on  such  list, 
on  or  prior  to  10  o’clock  A.  M.  of  the  previous  Fi’iday,  and  that  notice 
was  also  personally  left  at  the  said  address  of  each  of  said  parties  named 
in  said  list  so  attached,  if  there  be  any  such  address.  Blank  affidavits 
shall  be  furnished  by  said  commissioners  for  the  })urpose  aforesaid  ; but 
if  none  are  furnished  such  canvassers  shall  cause  the  same  to  be  drawn, 
and  they  shall  swear  to  such  affidavit  before  one  of  the  judges  of  such 
precinct.  If  either  of  said  canvassers  shall  willfuly  negleet  and  fail  to 
make  such  affidavit  with  the  list  aforesaid  attached,  he  shall  be  punished 
in  the  same  manner  as  last  above  provided,  and  if  such  affidavit  shall  be 
willfully  false  the  maker  thereof  shall  also  be  punished  in  the  manner 
last  aforesaid,  and  shall  also  be  liable  for  perjury.  If  any  person  to 
whom  such  notice  was  sent,  shall  appear  before  the  board  of  registry 
during  that  session,  he  shall  make  and  sign  an  affidavit,  in  substance  as 
follows ; 


Elections.  201 

“ I do  solemnly  swear  that  I am  a citizen  of  the  United  States,  and  that  I have 

resided  in  the precinct  of  the ward,  in  the  city  of 

and  the  county  of and  the  state  of  Illinois,  since  tlie day  of 

; that  I have  never  been  convicted  of  any  crime  (or  if  convicted, 

state  the  time  when  pardoned  by  the  governor  of  any  state.)” 

This  affidavit  shall  be  signed  and  sworn  to  before  one  of  such 
board  of  registry,  and  it  shall  be  preserved  and  filed  in  the  office  of 
said  election  commissioners.  Thereupon  said  board  of  registry  shall 
further  examine  him,  and  shall  also  swear  such  canvassers  and  hear 
them  upon  the  question,  and  they  shall  also  have  the  power  to  send 
one  or  both  of  said  canvassers  to  make  further  examination,  and  in- 
quire at  the  place  claimed  by  such  person  to  be  his  residence,  and  again 
examine  such  canvassers  touching  the  same,  and  if,  after  such  further 
examination  and  hearing,  the  majority  of  said  board  are  of  the  opinion 
that  such  person  is  not  a qualified  voter  in  such  precinct,  they  shall  mark 
the  word  “yes’’  under  the  column  of  the  registry  marked  “erased,’’ 
and  shall  also  draw  a line  in  ink  under  his  name,  which  memorandum, 
in  case  of  any  registration,  shall  indicate  that  the  name  of  such  person 
is  erased  from  the  register,  and  such  person  shall  not  be  entitled  to  vote 
unless  his  name  be  restored  as  hereinafter  jirovided.  During  the  last 
hour  of  said  session,  if  any  person  so  notified  to  appear  at  such  session 
has  not  yet  appeared  and  shown  cause  why  his  name  should  not  be 
erased  from  such  register,  the  same  shall  be  erased  in  the  manner  afore- 
said. Persons,  whose  names  have  been  so  erased,  may  make  applica- 
tion in  writing  to  said  board  of  election  commissioners,  within  two  days 
thei’eafter,  to  be  restored  to  such  register,  as  in  the  cases  before  provided 
for.  Either  of  said  clerks  shall  have  the  power  and  right  of  both  in 
the  matter  pertaining  to  such  canvass,  except  that  both  are  required  to 
go  together  and  make  such  canvass;  but,  in  case  either  refuses  to  go  or 
neglects  to  go  and  make  such  canvass  as  aforesaid,  then  the  other  may 
make  such  canvass  alone.  But  a clerk,  who  wilfully  neglects  to  per- 
form his  duty  in  making  such  canvass,  shall  be  deemed  guilty  of  a mis- 
demeanor, and,  on  conviction,  shall  be  imprisoned  in  the  county  jail  not 
exceeding  sixty  days  nor  less  than  thirty  days,  and  shall,  also,  be  deemed 
guilty  of  a contempt  of  court,  and  be  punished  accordingly,  as  an  officer 
<J)f  said  county  court.  In  case  of  temporary  disability  on  the  part  of 
either  canvasser  or  clerk,  the  judge,  who  belongs  to  the  same  party, 
may  appoint  a temporary  clerk  or  canvasser,  who  shall  belong  to  the 
same  party,  and  administer  to  him  the  usual  oath  of  office,  and  he  shall 
perform  all  the  duties  of  the  office  until  the  disability  of  the  regular 
clerk  or  canvasser  is  removed. 

The  “verification  lists”  aforesaid,  after  the  final  revision,  shall  be  at 
once  returned  by  the  board  of  registry  to  the  board  of  election  commis- 
sioners, and  within  thirty  days  after  such  election  such  board  of  election 
commissioners  shall  turn  over  said  “verification  lists”  to  the  clerk  of  the 
county  board,  to  be  used  by  such  county  board  in  the  preparation  of 
jury  lists;  and  it  shall  be  made  the  duty  of  such  county  board  to  care- 
fully keep  such  lists  arranged  in  order;  and  from  the  legal  voters  of 


Elec'J'ions. 


,?02 

such  lists  of  “nnmes  not  registered”  such  county  board  shall  first  pre- 
j)are  such  jury  lists,  and  afteiward  from  the  legal  voters  of  such  lists  of 
“registei'cd  names.”  [As  amended  June  18,  1891.  L.,  1891,  p.  123. 

1.  A statute  wliicli  requires  a registry  of  voters  in  a city  to  be  bad  and  closed  three 
weeks  before  election  and  refuses  the  privilege  of  election  to  an  unregistered  voter 
is  not  an  unreasonable  exercise  of  the  power  to  regulate  elections;  People  v.  Hoffman 
IIG  111.,  594. 

2.  The  fact  that  some  legal  voters  were  deprived  of  the  right  of  suffrage,  under 
certain  laws  of  the  state,  being  admitted,  would  not  render  an  election  void;  Knox 
Co.  V.  Davis,  03  111.,  405. 

397.  Registers  to  be  compared  etc. — one  to  be  posted  up,  two 
returned  — printing.]  § 10.  At  the  end  of  the  last  session  above  pro- 
vided for,  the  said  board  of  registry  and  said  clci-ks  shall  compare  and 
correct  the  three  registers  aforesaid  and  make  them  correspond  and 
agree,  and  said  judges  shall,  then,  immediately  following  the  last  name 
on  each  page  of  the  register,  sign  their  names,  so  that  no  other  names 
can  be  added  without  discovery,  and  shall  add  the  certificate  as  provided 
at  former  sessions.  And,  thereupon  and  during  the  forenoon  of  the 
next  day,  said  judges  shall  hang  up  the  registry,  known  as  the  public 
register,  in  the  place  of  registration  for  the  use  of  the  public,  and  shall 
return  the  other  two  registers  to  the  possession  of  the  board  of  election 
commissioners ; and,  thereupon,  the  said  board  of  commissioners  shall,  at 
once,  cause  copies  to  be  made  of  such  registers  of  all  names  upon  the 
same  with  the  address  not  marked  erased,  and  shall  have  the  same 
arranged  according  to  the  streets,  avenues,  courts  or  alleys,  commencing 
with  the  lowest  number,  and  arranging  the  same  in  order  according  to 
the  street  numbers,  and  shall  then  cause  such  precinct  register,  under 
such  arrangement,  to  be  printed  in  plain  large  type  in  sufficient  num- 
bers to  meet  all  demands  and,  upon  application,  a copy  of  the  same 
shall  be  given  to  any  person  in  such  precinct.  Said  commissioners 
may,  in  their  discretion,  cause  such  precinct  register  to  be  published  in 
one  or  more  newspapers  published  in  said  city. 

398.  Publication  to  erase  name  — notice.]  § 11.  Any  voter  or 
xmters  in  the  ward,  village  or  town  containing  such  precinct,  may  make 
application,  in  writing,  before  such  board  of  election  commissioners  to 
have  any  name  upon  such  register  of  any  precinct  in  the  ward  erased; 
which  application  shall  be,  in  substance,  in  the  words  and  figures  fol- 
lowing: 

“I  (or  we), do  hereby  solemnly  swear  (or  affirm)  that  I (or  we)  believe 

that is  not  a qualified  voter  in precinct  of ward  of 

the  citv  (village  or  town)  of and  hence  I (or  we)  ask  that  his  name  be 

erased  from  the  register  of  such  precinct”. 

Such  application  shall  be  signed  and  sworn  to  by  the  applicant  and 
filed  with  said  board.  Thereupon,  notice  of  such  application  with  a 
demand  to  appear  and  show  cause  why  his  name  shall  not  be  erased 
from  said  registry  shall  be,  personally,  served  upon  such  person  or  left  at 
his  place  of  residence,  named  in  such  registry,  b}"  a messenger  of  said 
board  of  commissioners,  and  as  to  the  manner  and  time  of  serving  such 
notice,  such  messenger  shall  make  affidavit  ; said  messcngei*  shall,  also, 


Elections. 


203 


make  affidavit  of  the  fact,  in  case  lie  cannot  find  sucli  person  or  liis  place 
of  residence,  and  that  be  went  to  the  place  named  on  such  register  as 
Ms  place  of  residence.  Such  notice  shall  be  served  at  least  one  day 
before  the  time  fixed  for  such  party  to  show  cause.  Said  commissioners 
shall,  also,  cause  a like  notice  or  demand  to  be  sent  by  mail,  duly  stamped 
and  directed,  to  such  person,  the  address  upon  said  registry,  at  least 
two  dajs  before  the  day  fixed  in  said  notice  to  show  cause. 

399.  Docket  of  applications  — hearing  — restoring  or  erasing 
name.]  § 12.  A docket  of  all  applications  to  said  commissioners, 
whether  said  applications  shall  be  made  for  the  purpose  of  being  regis- 
tered, or  for  the  purpose  of  erasing  a name  on  the  register,  shall  be 
made  out  in  the  order  of  the  wards  and  precincts.  The  commissioners 
shall  sit  to  hear  such  applications  on  the  Tuesday  and  Wednesday  im- 
mediately preceding  such  election.  They  shall  take  up  the  wards  or 
precincts  in  their  numerical  order.  The  decision  on  each  application 
shall  be  announced  at  once,  after  hearing,  and  a minute  made  thereof 
and,  where  an  application  to  be  registered  or  to  be  restored  to  such 
register  shall  be  allowed, the  said  board  shall  cause  the  same  to  be  made 
upon  the  two  registers  of  said  precinct  so  in  its  possession.  And,  where 
an  application  to  erase  a name  shall  be  allowed,  said  boaixl  shall  cause 
the  same  to  be  erased,  forthwith.  [As  amended  June  18,  1891.  L. 
1891,  p.  128. 

400.  County  court — jurisdiction  to  put  name  on  or  erase  from 
register.]  § 18.  The  county  court  of  the  county  in  which  such  city, 
village  or  incorporated  town  shall  be  located,  shall,  on  the  Friday  and 
Saturday  of  the  week  prior  to  the  week  in  which  such  election  is  to  be 
held,  specially  sit  to  hear  such  applications  as  shall  be  made  to  it  to  be 
])laced  upon  the  register  in  any  particular  precinct.  Such  application 
shall  be  sworn  to  and  shall  state  that  the  party  making  the  same  has 
ap|)lied  to  the  board  of  registry  of  the  precinct  and  to  the  board  of  elec- 
tion commissioners,  and  that  one  or  both  boards  refused  to  place  him 
upon  such  register,  or  has  stricken  his  name  from  such  register,  as  the 
case  may  be.  Application  shall  be  made  on  or  before  the  opening  of 
the  court,  on  the  Friday  last  aforesaid,  and  the  court  shall  cause  a docket 
of  such  applications  to  be  made  out',  arranged  by  wards  and  precincts, 
and  the  same  shall  be  heard  summarily,  and  evidence  may  be  inti'oduced 
for  and  against  such  applicati<3iis.  Each  case  shall  be  decided  at  once, 
on  hearing,  and  the  clerk  of  the  court  shall  make  a minute  of  the  dis- 
position of  each  application,  a copy  of  which  minute  shall,  at  once,  be 
given  to  said  commissioners,  who  shall,  forthwith,  cause  such  names  to 
be  placed  upon  the  appropriate  register,  and  indicate  that  it  was  entered 
by  order  of  court.  After  the  entry  of  the  applications  so  allowed  by 
said  court,  no  further  change  shall  be  permitted,  and  the  appropriate 
stamp  prepared  shall  be  affixed  at  the  end  of  each  page  of  names  in  each 
precinct  registered  by  said  board  of  commissioners.  Said  books  of 
registry  so  prepared  shall,  on  the  day  prior  to  the  election,  be  delivered 
to  the  judges  of  election,  one  only,  however,  to  be  delivered  to  the  judge 
or  judges  representing  the  same  political  party.  No  person  admitted  to 


Electio.\s. 


m 

tlie  registry  by  order  of  such  coui’t  or  board,  shall  be  protected  by  such 
order  in  case  he  should  be  iridicted  for  false  registration  or  false  voting. 
[As  amended  June  18,  1891.  L.  1891,  p.  123. 

401.  Refusal  of  application  — appeal— record.]  g 14.  In  case 
said  county  court  shall  refuse  any  such  applications,  an  order  shall  be 
entered  accordingly  on  the  Wednesday  following  the  session  of  the 
court  held  for  the  purpose  aforesaid,  and  any  person  desiring  to  appeal 
from  the  said  order  may  appeal  to  the  supreme  court  of  the  state,  if 
application  be  made  therefor  within  five  days  after  the  entry  of  said 
order,  and  such  appeal  shall  be  allowed  on  the  giving  of  an  appeal  bond 
in  the  penalty  of  $250,  conditioned  to  pay  the  expenses  of  such  appeal. 
The  time  for  filing  such  a])peal  bond  and  certificate  of  evidence  shall  be 
fixed  by  the  court,  and  upon  presentation  to  the  court  of  a certificate 
containing  the  evidence  heard  at  such  hearing,  within  the  time  fixed 
by  the  court,  the  court  shall  sign  the  same  and,  thereupon,  the  same 
shall  become  part  of  the  record  in  said  cause. 

402.  Supplemental  list  to  be  posted  etc.]  § 15.  A supplemental 
list  of  all  persons  who  shall  have  been  registered  by  order  of  said  board, 
or  by  order  of  such  county  court,  and  a supplemental  list  of  all  persons 
erased  from  such  registry  by  order  of  said  board  of  commissioners  or  of 
said  county  court,  of  sufficient  quantity  to  accommodate  each  precinct, 
shall  be  printed  by  such  board  and,  thereupon,  on  the  day  of  election, 
said  board  shall  cause  to  be  posted  up  at  each  precinct  where  such  elec- 
tion is  to  be  held,  the  original  ])rinted  registry  and  the  supplemental 
lists  aforesaid,  and  shall,  also,  cause  a copy  thereof  to  be  delivered  to 
each  judge  and  clerk,  and  to  all  other  persons  of  the  ward,  village  or 
town  demanding  the  same. 

403.  Registration  after  first  g;eneral  registration.]  § 16.  Every 
general  registration  shall  be  made  in  the  same  manner  and  in  conformity 
with  the  directions  heretofore  given  for  the  first  registration.  At  every 
general  registration  every  ]:)erson  desiring  registration  must  appear  in 
person  and  make  application,  under  oath,  as  in  the  case  of  the  first 
registration  herein  provided.  The  same  forms  and  blanks  and  methods 
and  })i’oceedings  shall  be  had  before  and  by  the  board  of  registry,  and 
by  the  canvassers,  and  by  and  before  the  judges  of  election  and  election 
clerks,  and  by  the  board  of  election  commissioners  and  county  court  in 
every  subsequent  general  registration  as  is  directed  herein  for  the  first 
registration  and  election  following  the  same.  [As  amended  .Tune  18, 
1891.  L.  1891,  p.  128. 

404.  Registry  at  intermediate  reg;istrations.]  g 17.  At  every 
election  held  in  each  city,  village  or  incorporated  town  between  the 
general  registration  above  referred  to  (except  in  the  case  of  a special 
election  in  and  for  such  city,  village  or  town,  or  in  some  jxart 
of  such  city,  village  or  town,  and,  except  at  any  judicial  election, 
lield  between  such  general  registrations,  at  which  election  no 
other  officers  than  judicial  officers  are  to  be  voted  for)  the  last  general 
registration  shall  be  used  ; but,  the  same  shall  be  revised  by  the 
board  of  registry  of  each  precinct  where  such  election  is  to  be  held  and, 


Elections. 


205 


for  tliat  purpose,  the  board  oC  registry  shall  meet  on  Tuesday  two  weeks 
}u'eceding  such  election,  and  shall  hold  a session,  from  8 o’clock  A.  M. 
to  9 o’clock  p.  M.,  on  that  day,  and  names  may  be  added  to  the  registers, 
in  the  same  way,  upon  sworn  application,  as  in  the  case  of  a g^eneral 
registration,  and  all  the  other  forms  and  requirements  are to  be 
observed. 

If  a voter  remove  from  one  place  to  another  in  the  same  precinct  such 
})arty  must  aj)pear  before  such  board  of  registry  when  in  session  and 
make  oath  as  to  such  removal  and  the  registers  shall  be  cori’ected  accord- 
ingly and  if  not  corrected  such  person  can  not  vote  unless  he  shall 
make  oath,  before  one  of  the  judges  of  such  precinct,  that  he  is  the 
identical  person  whose  name  a})pears  upon  the  i-egister  (though  it  be 
erased)  as  having  been  registered  at  some  other  place  in  such  jvrecinct 
(naming  the  place)  and  unless  such  statement  shall  be  vei'ified  by  two 
householders,  residing  in  such  precinct,  that  he  is  the  identical  person 
so  I'egistered  at  such  other  place  in  the  precinct,  whereupon  such  judges 
of  election,  if  they  believe  him  to  be  the  same  person  registered  at  such 
other  place,  shall  receive  his  vote. 

The  fact  that  a voter  is  registered  in  one  precinct  from  which  he  has 
removed  shall  not  prevent  him  from  being  registered  in  another  j)recinct 
in  to  which  he  has  removed  ; provided  he  is  otherwise  entitled  to  be 
registered  therein  : And  provided,  further,  that  it  shall  be  the  duty  of 

the  board  of  election  commissioners  to  remove  his  name  from  the  I'egistry 
book  of  the  former  ])recinct,  immediately,  on  the  registers  being  returned 
into  their  office  and  it  is  made  the  dut3'  of  the  judges  of  election  to 
question  every  voter  offering  himself  to  be  registered  as  to  whether  he 
was  or  is  registered  in  any  other  precinct  and  to  make  a note  of  the  fact 
of  such  registration  and  the  pi’ecinct  where  I’egistei’ed,  in  a column  to 
be  provided  in  the  registry  book  foi'  that  ipurpose.  [As  amended  by 
act  approved  June  18,  iSOl.  L.  1891,  p.  121. 

405.  Verification  Lists — Canvass,  etc.]  § 18.  Blaidv  books 
named  “verification  lists”  shall  be  furnislied  to  the  board  of  registiy  in 
all  intermediate  I’egistrations  the  same  as  in  case  of  original  or  general 
registrations  as  provided  for  in  section  six,  ailicle  tlnee,  hereof  and  the 
clerks  of  election  shall  transfer  to  said  “verification  lists”  all  of  the 
names  already  iq^on  the  registi’y  at  the  commencement  of  such  inter- 
mediate registi’ation,  and  all  new  names  added  thei-eto  on  such  day  of 
intermediate  registration,  in  the  same  manner  and  form  as  provided  in 
said  section  six,  and  the  duties  of  the  judges  and  the  clei'ks  in  regard 
to  such  “verification  lists”  shall  be  the  same  as  provided  in  said  section 
last  mentioned.  [As  amended  June  18,  1891,  L.  1891,  p.  123. 

406.  Registers— show  compared,  signed,  certified  and  return- 
ed— copy.]  § 19.  At  the  end  of  such  session  such  registers  shall  be 
made  to  agree,  and  where  there  is  any  difference  the  majority  of  said 
board  shall  decide  the  same,  and  then  each  of  said  judges  shall  sign 
each  page  of  each  register  made,  below  the  last  name  on  each  page,  so 
that  no  name  can  be  added  thereto  without  discovery,  and  the  usual 


Kl1<XTI(jNS. 


certificate  shall  be  added.  Two  of  such  registers  shall  be  returned  to 
said  board  of  election  coimriissionei’s  by  noon  next  day,  and  the  one 
called  the  public  register  shall  be  hung  uj)  in  the  place  of  registration. 
I As  amended  dune  18,  1891,  L.  1891,  p.  123, 

407.  Duty  of  clerks  — as  canvassers.]  § 20.  The  clerks  of  elec- 
tion of  such  intermediate  registration  are  hereby  constituted  canvassers 
of  the  precincts  in  which  they  are  appointed,  and  the  same  duties  are 
imposeil  upon  them  and  upon  all  other  persons  with  reference  to  such 
canvass  as  are  required  of  such  canvassers  under  section  seven,  article 
three  thereof.  [As  amended  June  18,  1891,  L.  1891,  }).  123. 

408.  Canvass  — Commissioners’ and  judges’ duties.]  § 21.  In 
the  matter  of  such  intermediate  registi’ation,  notices  shall  be  given  as  re- 
quired by  section  eight,  article  three,  hereof,  and  every  provision  of 
said  section  eight,  and  every  duty,  penalty  and  punishment  therein 
provided  shall  be  applicable  and  in  full  force  as  to  such  intermediate 
registration.  Said  board  of  registry  is  specially  charged  to  look  after 
such  canvassei’s  and  see  to  it  that  the  law  is  observed  in  all  its  parts  by 
such  canvassers,  and  any  willful  neglect  shall  render  such  judges  liable 
to  the  same  extent  and  for  like  penalties  and  punishments  as  are  such 
canvassers  hereunder.  The  board  of  election  commissioners  shall  give 
special  directions  to  such  canvassers  in  writing  or  ])rint,  in  regard  to 
their  duties  as  such,  and  the  penalties  to  be  incurred  by  them  for  the 
neglect  thereof  and  also  to  the  registry  board  of  their  duties  in  making 
such  revision  in  order  and  to  the  end  that  no  name  shall  be  left  upon 
such  register  of  any  person  not  entitled  to  vote  in  such  precinct.  [As 
<‘unended  June  18,  1891.  L.  1891,  }).  123. 

409.  Revision  of  Registry.]  § 22.  On  Saturday  following  The 
Tuesday  of  said  intermediate  registration,  such  board  of  registry  shall 
meet  again  at  the  place  designated,  and  said  clerks  of  election  shall 
meet  witli  them,  and  they  shall  remain  in  session  from  6 o’clock  P.  M. 
to  10  o'clock  P.  M.  for  the  purpose  of  revising  such  registry,  and  there- 
upon such  proceedings  shall  be  had  and  taken  by  said  canvassers  and 
said  bcxird  of  registry  as  are  provided  for  in  section  9,  article  3 hereof, 
and  all  the  duties  to  be  performed  and  all  the  penalties  and  punish- 
ments therein  provided  shall  be  applicable  and  in  force  as  if  here  again 
repeated  with  reference  to  such  intennediate  registration  and  canvass 
and  revision.  No  new  names  shall  be  added  at  such  meeting.  Said 
“veritication  lists,”  shall  be  disposed  of  as  provided  in  said  section  nine. 
[As  amended  June  18,  1891.  L.  1891,  p.  123. 

410.  Registers,  how  returned  to  election  commissioners. ) § 23. 
The  three  registers  shall  then  be  compared  and  be  made  to  agree  where 
there  is  any  difference,  and  all  three  shall  be  signed  at  the  bottom  of 
each  page  by  all  of  said  judges  immediately  under  the  last  name  on 
that  page,  so  that  no  new  name  could  be  added  without  discovery. 
Such  revision  of  the  registry,  by  said  board  of  registry,  shall  then  be 
considered  closed,  and  no  other  names  can  be  added  by  said  board,  and 
a certificate  of  the  number  of  qualified  voters  shall  then  be  attached, 
and  one  of  said  registers,  designated  as  the  public  register,  shall  then 


Elections. 


207 


be  linng  up  at  the  place  of  registration  for  pnl)lic  inspection  at  all  times 
prior  to  the  election  ; and  the  other  two  books  of  registry  shall,  by 
noon  of  the  next  day,  be  returned  to  the  said  board  of  election  com- 
missioners. 

41 1.  Commissioners  to  have  registers  copied  and  printed  etc.] 

§ 24r.  Said  board  of  election  commissioners  shall,  immediately  upon  the 
return  of  said  registers,  cause  the  registry  of  each  precinct  to  be  copied 
and  arranged  according  to  street  numbers,  as  in  case  of  the  first  regis- 
tration, and  shall  cause  a suitable  number  of  each  precinct  to  be  printed 
for  distribution ; and  shall  cause  a copy  thereof  to  be  posted,  and 
co]ues  given  to  the  judges  and  clerks,  as  provided  in  case  of  first  regis- 
tration ; and  also  to  furnish  printed  supplemental  lists,  as  before 
directed  as  to  the  first  registration. 

412.  Denial  of  registration  or  erasure  — review  of  proceed- 
ing. i § 25.  Said  board  of  election  commissioners  shall  hear  applica- 
tions for  tlie  erasure  of  names  upon  the  registiy  and  for  the  registration 
of  persons  thereon  in  the  same  way  and  form  and  at  the  same  time  or 
times  as  is  pi’ovided  with  reference  to  such  original  or  new  registration, 
and  the  same  methods  are  to  be  adopted,  and  in  all  particulars  the  pro- 
ceedings shall  be  the  same  before  the  board  of  election  commissioners 
and  before  the  county  judge  with  reference  to  reinstatement  and 
erasures  as  is  provided  for  with  reference  lo  such  original  or  new  j-egis- 
tration.  [As  amended  June  18,  1891.  L.  1891,  p.  135. 

413.  Return  of  registers  to  commissioners  — corrections.] 
§ 26.  On  election  day  said  judges  shall  take  possession  of  said  third  or 
public  register,  and  after  such  election  and,  on  the  next  day,  all  three 
of  said  registers  shall  be  returned  to  said  board  of  election  commis- 
sioners, and  said  third  public  register  shall,  immediately  after  such 
election,  be  corrected  by  said  board  of  commissioners,  so  as  to  corre- 
spond with  the  other  two  registers,  or  in  case  it  shall  he  mutilated,  or  in 
case  any  register  of  any  precinct  shall  be  lost,  said  l)oai*d  of  commis- 
sioners shall  cause  a true  copy  to  be  made  from  the  other-,  register  or 
registers,  so  that  prior  to  the  next  meeting  of  the  board  of  registry  there 
shall  be  three  registers  for  each  precinct.  This  section  is  made  appli- 
cable, and  it  shall  be  the  duty  of  the  judges  of  election  to  observe  it, 
after  each  and  every  election. 

414.  Special  and  judicial  elections  — how  conducted.]  § 27. 

At  any  special  election  occurring  in  a portion  of  such  city,  village,  or 
town  only,  or  which  is  to  fill  a vacancy  occurring  in  a single  office,  and 
at  all  judicial  elections,  at  wdiich  no  other  than  judicial  officeis  are  to 
be  elected,  there  shall  not  be  a previous  revision  of  the  registry.  But, 
at  such  special  or  judicial  election  any  legal  voter  of  a precinct  will  be' 
entitled  to  vote  in  case  he  shall  file  with  the  judges  of  election  an  affi- 
davit, stating  the  time  wdien  he  removed  into  such  precinct  and  the 
length  of  his  legal  residence  in  such  precinct,  county  and  state,  and 
that  he  has  removed  into  that  precinct  since  the  last  registration  of 
electors  at  the  last  election,  and  that  he  is  a legal  voter  of  such  precinct, 
supported  by  an  affidavit  of  a registered  voter  and  householder  of  the 
precinct  that  he  knows  such  person  and  that  his  statements  as  to  his 
time  of  residence,  as  aforesaid,  are  correct,  and  that  such  person  is  a 


208 


Elections. 


legal  voter  in  such  precinct.  But,  it  sliall  be  the  duty  of  such  judges 
of  election  to  examine  him  on  oatli  as  to  his  (jualifications,  and,  if  they 
are  of  the  opinion  that  lie  is  not  a legal  voter,  or  did  not  remove  in  to 
such  precinct  since  the  last  general  or  intermediate  registration,  they 
shall  not  accept  of  his  vote.  The  hooks  of  I’egistry  shall  he  used  at 
such  elections,  and  no  one  can  vote  unless  upon  such  registry,  except 
under  the  circumstances  and  through  the  method  aforesaid.  All  atH- 
davits  shall  he  returned  to  the  office  of  such  election  commissioners  hy 
the  judges  of  election  after  every  registration  and  after  every  election. 

1.  See  § 42N. 

415.  Inspection  of  registers.]  g 2S.  The  registers  in  the  office  of 
the  election  commissioners  shall,  at  all  times,  he  open  to  public  inspec- 
tion without  charge. 

416.  Delivery  of  registers  etc.  to  judges.]  § 29.  Said  judges  of 
election  of  any  ])recinct  shall,  on  the  day  preceding  any  election,  call  at 
the  office  of  said  commissioners,  and  receiv^e  two  registers  of  said  pre- 
cinct, one  being  received  by  the  representative  of  one  leading  political 
party,  and  the  other  by  the  representative  of  the  other  leading  political 
party.  The  ballot  box  of  such  precinct  shall  he  delivered  to  one  of 
said  judges  with  the  key,  and  it  shall  contain  the  poll  hooks  and  all  the 
blanks  and  stationery  recpiired  for  such  election. 

417.  Penalty  for  mutilating  etc.  public  register.]  g 30.  If  any 
person  shall  wilfully  remove,  mutilate  or  destroy  the  public  register, 
hanging  up  at  the  place  of  registry,  he  shall  he  guilty  of  a misde- 
meanor, and  upon  conviction  shall  he  imprisoned  in  the  county  jail  not 
less  than  three  months  nor  more  than  twelve  months. 

418.  Filling  vacancy  on  board  of  registry.]  g 31.  Any  vacancy 
upon  such  board  of  registry,  on  the  day  of  registration,  shall  he  tilled 
by  the  judge  or  judges  present,  always  selecting  a person  of  the  same 
political  party  as  the  party  absent,  and  the  same  oath  shall  he  adminis- 
tered by  one  of  the  judges  present  to  such  temporary  judge,  as  provided 
for  regular  judges.  Whenever  any  regular  judge  shall  return  or  he 
present,  such  temporary  incumbent  shall  vacate  his  office. 


Article  IY.  — Election. 

419.  Opening  and  closing  polls  — presence  of  judges  and 
clerks.]  g 1.  The  election  polls  shall  be  opened  at  six  o’clock  in  the 
morning  and  continued  open  until  four  o’clock  in  the  afternoon  of  the 
same  day,  at  which  time  the  polls  shall  he  closed,  and  if  any  judge  or 
clerk  shall  he  behind  time  for  fifteen  minutes  after  the  time  for  open- 
ing such  polls,  he  shall  he  guilty  of  a misdemeanor  under  this  act  and 
punished  accordingly.  Ao  judge  or  clerk  shall  absent  himself  to  exceed 
five  minutes  at  any  time,  until  the  ballots  are  all  cast  and  counted  and 
returns  made,  except  one  at  a time  of  such  judges  or  clerks  may  absent 
himself  for  sufficient  time  to  cast  his  vote  in  the  precinct  where  he 
belongs.  And,  when  absent  for  any  cause,  said  judge  or  clerk  shall 


Elections.  209 

authorize  some  one  of  the  same  political  party  with  himself  to  act  for 
liiin  until  his  return. 

1.  Although  the  law  may  direct  — in  a particular  case — that  the  polls  shall  be 
closed  at  five  o'clock  and  this  question  is  in  issue,  unless  it  be  made  to  appear  that 
votes  were  cast  after  that  hour,  the  fact  that  the  polls  were  kept  open  after  that  hour 
would  not  render  the  election  void;  Piatt  v.  People,  29  111.,  72, 

2.  Hosing  the  pt)lls  before  the  time  prescribed  by  statute  does  not,  per  se,  render 
votes  cast  invalid;  Cleland  v.  Porter,  74  111.,  7G. 

420.  Absent  judge  — penalty  — place,  how  filled  — detention  of 
register.]  § 2.  If  any  judge  or  clerk  shall  not  be  present  after  tlie 
expiration  of  fifteen  minutes  from  the  time  to  open  the  polls,  tlie  judge 
or  judges  present  shall  hln  the  place  of  such  absent  judge  or  clerk,  always 
selecting  a person  of  the  same  political  party  as  the  party  absent.  And 
one  of  the  judges  shall  administer  to  such  substitute  the. oath,  as  re- 
quired of  the  judge  or  clerk  originally  appointed,  and  blank  forms  shall 
be  sent  out  by  the  commissioners  for  such  purpose.  Which  oath  shall 
be  preserved  and  returned  to  the  commissioners,  and  such  appointee 
shall  be  considered  an  officer  of  the  county  court,  and  subject  to  the 
same  punishment  and  penalties  as  any  other  judge  or  clerk.  Whenever 
such  regular  judge  or  clerk  shall  be  present  such  substitute  shall  cease 
to  act.  Any  judge  or  dork  who  shall ‘wilfully  absent  himself  from 
the  polls  on  election  day,  without  good  cause,  shall  be  guilty  of  a misde- 
meanor, and  be  subject  to  a fine  or  penalty  of  five  hundred  dollars. 
And  if  such  judge  or  clerk  shall  wilfully  detain  any  register  or  poll 
book,  and  not  cause  it  to  be  produced  at  the  polling  place,  at  the  opening 
of  the  polls,  or  for  fifteen  minutes  thereafter,  he  shall  be  deemed  guilty 
of  a misdemeanor  and,  on  conviction,  shall  be  imprisoned  not  less  than 
three  months  nor  more  than  one  year  in  the  county  jail,  or  be  fined  i:ot 
less  than  two  hundred  dollars  nor  more  than  one  thousand  dollars. 

1.  See  § 465. 

421.  Ballot  box  continuously  in  public  view  — obstruction  — 
penalties.]  g 8.  Before  voting  begins  the  ballot  box  shall  be  empty 
and  shall  be  opened  and  shown  to  those  present  to  be  empty;  and,  it  shall 
not  be  removed  from  the  public  view  from  the  time  when  it  is  shown 
to  be  empty  until  after  the  close  of  the  polls.  It  shall  be  locked  and 
the  key  delivered  to  one  of  the  judges,  and  shall  not  be  again  opened 
until  the  close  of  the  polls.  The  judges  of  election  shall  each  be  held 
guilty  of  a misdemeanor  and,  on  conviction,  shall  be  fined  a thousand 
dollars,  if  such  ballot  box  shall  not  be  kept  constantly  in  public  view 
during  the  progress  of  the  election  ; unless  it  shall  be  shown  by  such 
judge  that  he  protested  against  such  obstruction  of  the  view  of  the 
ballot  box,  and  was  overruled  by  the  majority  of  the  judges.  If  any 
barricade  or  other  obstruction  of  any  kind  shall  be,  prior  to  or  during 
such  election,  interposed,  so  that  all  who  desire  can  not  constantly  see 
such  ballot  box,  it  shall  be  the  duty  of  such  judges  to  remove  such 
obstruction  on  request,  or  on  their  own  motion,  and  if  such  obstruction 
shall  not  be  removed  on  request,  it  shall  be  the  duty  of  any  sheriff,  con- 
stable or  police  officer  to  remove  the  same  on  request.  And  suck 
judges  shall  be  guilty  of  a misdemeanor  and  liable  to  a penalty  of  a 

27 


Klectioxs. 


.?]() 

thousand  dollars,  on  conviction,  for  not  reirioving  the  same  on  demand, 
iind  shall  he  imprisoned  in  the  county  jail  not  less  than  six  months  nor 
nxn-e  than  two  years.  Any  judi>e  or  justice  of  the  peace  shall  have  ju- 
risdiction, on  complaint,  to  issue  a warrant  to  any  constable  or  the 
sheriff  of  the  county  to  remove  such  obstruction  as  a nuisance  ; and  in 
executing  such  warrant  he  may  call  any  person  to  his  assistance,  and  no 
other  othcer  of  the  law  or  private  individual  shall  interpose  or  inter- 
fere with  such  removal;  and,  if  he  does  he  shall  be  guilty  of  a misde- 
meanor and,  on  conviction,  shall  be  imprisoned  in  the  county  jail  not 
less  than  sixty  nor  more  than  ninety  days. 

422.  Entry  of  voter’s  name.]  *^§  4.  Each  of  the  clerks  of  election 
shall  keep  a ])oll  book  which  contains  a column  headed  “Number”; 
another  hea'ded  “Kesidence”.  and  another  “Names  of  Voters”.  The 
name  of  such  elector  voting  shall  be  entered  u])on  each  of  the  poll 
books  by  the  clerks,  in  regular  succession,  under  the  proper  headings, 
and  the  number  of  such  voter  placed  opposite  the  name  in  the  column 
headed  “Number”. 

1.  Failure  to  Dumber  a ballot  voted  is  irregular,  but  not  to  deprive  a voter  of  his 
vote;  O’Hair  7;.  Wilson,  124  111.,  351. 

423.  Name  on  ballot.]  § 5.  Each  voter  may  write  his  name  upon 
the  back  of  his  ballot  with  ink  or  in  pencil. 

424.  How  ballots  received  — challenge.]  § 6.  One  of  said 
judges  of  said  election  shall  receive  the  ballot  from  the  voter,  and  shall 
announce  the  residence  and  name  of  such  voter  in  a loud  voice.  And, 
the  other  two  judges  shall  use  and  handle  the  two  registers  delivered  to 
the  judges  by  said  commissioners,  each  using  one.  And,  when  the 
name  is  found  by  both  upon  the  registers,  and  the  residence,  as  given  by 
such  voter,  corresponds  with  the  residence  on  such  registry,  and  he  is 
marked  as  a qualified  voter  therein,  and  not  erased,  then  such  judge 
shall  receive  such  ballot  unless  such  voter  is  challenged,  and  shall  fold 
the  same,  if  it  be  not  folded,  and  shall  mark  the  number  of  such  vote 
thereon,  which  shall  correspond  with  the  number  as  then  and  there  en- 
tered by  said  poll  clerks  upon  the  poll  books.  Said  judge  shall  then 
put  said  vote  in  to  the  ballot  box,  in  tlie  presence  of  the  voter  and  of  the 
judges  and  clerks  of  election  and  in  plain  view  of  the  public.  The 
judges  having  charge  of  such  registers  shall  then,  in  a column  prepared 
thereon,  in  the  same  line  of  the  name  of  the  voter,  mark  “ vmted  ”,  or 
the  letter  “ Y ”.  If  such  person  so  registered  shall  be  challenged  as 
disqualified,  the  party  challenginj:  shall  assign  his  reasons  thereforand, 
thereupon,  one  of  said  judges  shall  administei’  to  him  an  oath  to  answer 
(piestious ; and  if  he  shall  take  said  oath  he  shall  then  be  questioned  by 
said  judge  or  judges  touching  such  cause  of  challenge  and  touching 
any  other  cause  of  disqualification.  And,  he  may  also  be  (luestioned  l)y 
the  person  challenging  idm  in  regard  to  his  qualifications  and  identity. 
But,  if  a majority  of  the  judges  are  of  the  opinion  that  he  is  the  person 
so  registered  and  a qualified  voter,  his  vote  shall  then  be  received  ac- 
cordingly. But,  if  his  vote  be  rejected  by  such  judges,  such  person  may 
afterward  produce  and  deliver  an  affidavit  to  such  judges,  subscribed 


Elections. 


211 

and  sworn  to  by  liini  before  one  of  said  judges,  in  wliicli  it  shall  be 
stated  how  long  he  has  resided  in  sucli  j)recinct,  county  and  state,  that 
he  is  a citizen  of  the  United  States,  and  is  a duly  ([ualitied  voter  in  such 
precinct,  and  that  he  is  the  identical  person  so  registered.  Also,  sup- 
ported by  an  attidavit  by  a registered  voter,  who  is  a householder  re- 
siding in  Slid)  precinct,  stating  his  own  residence,  and  that  he  knows 
such  person,  and  that  ho  does  reside  at  the  place  mentioned,  and  lias 
resided  in  such  precinct,  county  and  state  for  the  length  of  time  as 
stated  by  such  person  ; which  shall  be  subscribed  and  sworn  to  in  the 
same  way.  Whereupon  the  vote  of  such  person  shall  be  received, 
numbered  and  entered  as  other  votes.  But,  such  clerks  and  the  judges 
having  charge  of  such  registers  shall  state  in  their  respective  books  the 
facts  in  such  case,  and  the  affidavits,  so  delivered  to  said  judges,  shall 
be  preserved  and  returned  to  the  office  of  the  commissioners  of  election. 
Blank  affidavits  of  the  character  aforesaid  shall  be  sent  out  to  the  judges 
of  all  the  precincts,  and  the  judges  of  election  shall  furnish  the  same 
on  demand  and  administer  the  oaths  without  criticism.  Such  oaths,  if 
administered  by  any  other  officer  than  such  judge  of  election,  shall  not 
be  received. 

1.  An  agreement  among  certain  voters  to  “ pair  off ’’and  absent  tliemselves  is  of  no 
validity.  The  judges  of  election  are  not  required  to  regard  it.  The  vmters,  non 
obstante  the  agreement,  have  a right  to  vote;  if  they  offer  to  vote  their  ballots  can 
not,  lawfully,  be  rejected;  Piatt  «.  People,  29  111.,  73. 

2.  None  but  a qualified  elefctor  has  a right  of  action  for  a rejection  of  his  vote; 
Mills  V.  M’Cabe,  44  111.,  194. 

425.  Voter’s  name  must  be  on  register.]  § 7.  The  vote  of  no 
one  shall  be  received  by  said  judges  whose  name  does  not  appear  upon 
said  registers  as  a qualified  voter. 

426.  Challengers  — watchers  — canvass  — policemen  present.] 

§ 8.  At  every  election  each  of  the  political  parties  shall  have  the  right 
to  designate  and  keep  a challenger  at  each  place  of  registration, 
revision  of  registration  and  voting,  who  shall  be  assigned  such  position, 
immediately  adjoining  the  judges  of  election,  inside  the  polling  or 
registration  booth  as  will  enable  him  to  see  each  person  as  he  offers  to 
register  or  vote,  and  who  shall  be  protected  in  the  discharge  of  his 
duty  by  the  judges  of  election  and  the  police.  And,  authority  signed 
by  the  recognized  chairman  or  presiding  officer  of  the  chief  managing 
committee  of  a partv  in  anv  such  city,  village  or  incorporated  town, 
shall  be  sufficient  evidence  of  the  right  of  sucli  challenger  to  be  present 
inside  the  room  where  the  ballot  box  is  kept.  But,  in  case  any  challen- 
ger can  not  or  does  not  produce  the  authority  of  such  chairman,  it  shall 
be  the  duty  of  said  judges  of  election  to  recognize  a challenger  that 
shall  be  vouched  for  and  presented  to  them  by  the  persons  present  be- 
longing to  such  political  party,  or  who  shall  be  vouched  for  by  the 
judge  representing  such  party.  The  chairman  of  the  managing  com- 
mittee of  each  political  party  for  such  city,  village  or  town  may  i-emove 
any  challenger  appointed  by  him.  The  challenger  so  appointed  and 
admitted  to  the  room  where  such  ballot  box  is  kept,  shall  have  the  right 
and  privilege  of  remaining  during  the  canvass  of  the  votes,  and  until 


Elections. 


the  retiinis  are  duly  signed  and  made.  Each  political  party  sliall,  also, 
have  the  ri<^ht  to  a challenger  ])laccd  conveniently  outside  of  the  polling 
booth,  but  not  in  the  way  of  the  voters.  In  addition  to  such  challenger, 
each  of  the  political  parties  casting  votes  at  such  poll  at  the  close  of 
th(‘  polls,  shall  have  the  right  to  the  admission  of  two  persons  of  their 
])olitical  faith  in  to  the  room  where  such  ballots  are  to  be  canvassed,  to 
watch  such  canvass,  which  watchers  may  be  selected  by  the  captain  of 
the  ward  or  precinct, or  other  ])ersons  managingthe  political  interests  for 
such  party  in  such  ward  or  precinct,  and,  in  the  absence  of  such  selection,  it 
shall  be  the  duty  of  the  judges  of  such  election  to  admit  in  to  such  room 
two  persons  of  each  political  party  so  voting  at  such  election,  and  who 
shall  be  vouched  for  by  the  judge  or  judges  representing  such  political 
})arty,  to  be  present  during  the  canvass  of  such  votes  and  making  of 
such  returns.  That  such  persons  shall  be  of  good  character,  and  sober, 
and  shall  in  no  wise  interfere  with  such  canvass.  The  police  shall  in 
no  manner  interfere  with  the  entrance  of  such  watchers  into  such 
room,  but  they  shall  keep  order  and,  in  case  of  any  disorderly  conduct 
on  the  part  of  any  bystanders  or  watchers,  it  shall  be  the  duty  of  the 
police  to  exclude  such  persons  from  such  room.  It  shall,  also,  be  the 
duty  of  such  judges  of  election  to  admit  one  or  more  policemen  to  be 
present  in  such  room  at  the  time  of  such  canvass. 

427.  Judges,  as  peace  officers.]  § 9.  Said  judges  of  election  shall 
have  authority  to  keep  the  peace  and  to  cause  any  person  to  be  arrested 
for  any  breach  of  the  peace  or  for  any  breach  of  election  laws,  or  any 
interference  with  the  progress  of  such  election  or  of  the  canvass  of  the 
ballots;  and  it  shall  be  the  duty  of  all  officers  of  the  law  present  to 
obey  the  order  of  such  judges  of  election,  and  an  officer  making  an 
arrest  by  direction  of  any  judge,  shall  be  protected  in  making  such 
arrest  the  same  as  if  a warrant  liad  been  issued  to  him  to  make  such 
arrest. 

428.  Judicial  election  — official  ticket  holders  — penalty.]  § 10. 

It  shall  be  the  duty  of  the  board  of  election  commissioners,  at  any  judi- 
cial election,  at  which  no  other  officers  are  to  be  elected  than  a judge 
or  judges,  to  appoint  two  competent  and  discreet  persons  residing  in 
any  ward,  village  or  town,  to  act  as  official  ticket  holders  for  each  pre- 
cinct on  the  da}^  of  election,  one  from  each  of  the  leading  political  par- 
ties of  the  state,  and  who  shall  wear  a badge  indicating  that  they  are 
such  official  ticket  holders.  Such  commissioners  shall  furnish  them 
with  a box  conveniently  arranged  to  contain  such  tickets  or  ballots. 
And,  it  shall  be  the  duty  of  both  such  official  ticket  holders  to  keep  on 
hand,  if  furnished  to  them,  tickets  of  each  candidate  at  such  election  in 
such  precinct,  and  to  furnish  the  ticket  asked  for  by  any  person,  irre- 
spective of  party.  It  shall  be  the  duty  of  such  official  ticket  holders  to 
preserve  and  protect  siicli  tickets  and  not  to  destroy  the  same,  and  to 
prevent  their  needless  destruction.  Such  official  ticket  holders  shall  be 
present  at  such  polls  from  the  opening  to  the  close.  Any  such  official 
ticket  holder  neglecting  to  perform  his  duty  or  who  shall  desert  his 
place,  or  who  shall  corruptly  use  his  position,  or  wdio  shall  in  any  way 


Elections. 


213 


interfere  in  such  election,  or  who  shall  canvass  for  voters  for  either 
party  or  for  any  person,  shall  he  guilty  of  a misdemeanor,  under  this 
act,  and  shall  forfeit  his  fee  or  salary  for  such  service  and,  on  convic- 
tion, shall  be  imprisoned  in  the  county  jail  not  less  than  thirty  nor 
more  than  sixty  days.  Sucli  ticket  holder  shall  be  protected  by  the 
police,  and  a majority  of  said  judges  of  election  at  such  precinct  may, 
for  misconduct,  remove  any  such  official  ticket  holder  and  appoint 
another  in  his  place,  of  the  same  political  party,  and  such  removal  shall 
be  enforced  by  any  police  officer. 

429.  Canvass  not  to  be  adjourned  — challengers  and 
watchers.]  § 11.  As  soon  as  the  poll  of  an  election  shall  have  been 
finally  closed  the  judges  of  election,  in  their  several  precincts,  shall, 
immediately  and  at  the  place  of  the  poll,  proceed  to  canvass  the  votes 

cast.  Such  canvass  shall  not  be  adjourned  or  post|joned  until  it 
shall  have  been  fully  completed,  nor  until  the  several  statements  here- 
inafter required  to  be  made  by  the  judges  and  clerks  shall  have  been 
made  out  and  signed  by  them.  The  judges  of  election  shall  have  the 
right  to  station  one  or  more  police  officers,  or  officers  of  the  peace,  at 
such  entrance  to  the  room  where  such  canvass  is  begun,  or  about  to 
take  place,  to  exclude  disorderly  persons  and  to  keep  the  peace.  The 
challengers  present,  and  the  watchers  of  such  canvass  shall  be  allowed 
to  be  present,  and  so  near  that  they  can  see  that  the  judges  and  clerks 
of  said  election  are  faithfull}’  performing  their  duties.  Each  candidate 
for  an  office  to  be  tilled  at  such  election,  by  certificate  in  writing,  signed 
by  him,  may  designate  one  person  for  each  election  precinct  in  which 
he  is  a candidate,  to  be  present  at  such  canvass  of  the  ballots,  and  suck 
person  shall  be  admitted  to  a position  in  said  room  as  a watcher  of 
such  canvass.  And  the  judges  of  election  shall  permit  him  to  be  pre- 
sent, and  to  be  so  near  to  them  that  he  can  see  that  such  canvass  and 
the  statements  required  by  them  of  the  votes  are  correctly  made,  and 
no  judge  of  election  or  police  or  other  officer  shall  allow  such  person 
to  be  molested  or  removed  during  the  canvass  of  such  ballots,  nor  un- 
til such  statements  have  been  made,  completed  and  signed,  unless  he 
shall  be,  personally,  guilty  of  fraudulent  or  disorderly  conduct. 

430.  Canvass — how  made.]  § 12.  The  judges  of  election  shall 
first  count  the  whole  number  of  ballots  in  the  box.  If  the  ballots  shall 
be  found  to  exceed  the  number  of  names  entered  on  each  of  the  poll 
lists,  they  shall  reject  the  ballots,  if  any,  found  folded  inside  of  a bal- 
lot that  is  marked,  and  upon  which  there  is  no  mark.  And,  if  the  bal- 
lot and  the  poll  lists  still  do  not  agree,  after  such  rejection,  they  shall 
reject  as  many  of  the  ballots  upon  which  no  number  is  marked  as  may 
be  necessary  to  make  the  ballots  agree  in  number  with  the  names  en- 
tered on  eacli  of  the  poll  lists.  And  if,  after  rejecting  all  the  ballots 
upon  which  there  is  no  number  marked,  the  number  of  ballots  in  the 
box  still  exceeds  the  number  of  names  entered  on  each  of  the  poll  lists, 
the  ballots  shall  be  replaced  in  the  box,  and  the  box  closed  and  well 
shaken,  and  again  opened  ; and  one  of  the  judges  shall  publicly  draw 
out  and  destroy  so  many  ballots  unopened  as  shall  be  equal  to  such  ex- 


214 


Elections. 


cess.  And,  the  liallots  or  poll  lists  agreeing,  or  being  made  to  agree  in 
this  way,  the  board  shall  pioceed  to  count  the  votes  in  the  following 
manner:  Said  judges  shall  open  the  ballots,  and  ]>lace  those  which  crn- 
tain  the  same  names  together,  so  that  the  several  kinds  shall  be  in  sepa- 
rate piles,  oi*  on  sepai’ate  files.  Each  of  the  judges  shall  examine  the 
separate  files  which  are,  or  are  supposed  to  be,  alike  and  exclude  from 
such  tiles  any  which  may  have  a name  or  an  erasure,  or  in  any  manner 
shall  be  different  from  the  others  of  such  file.  One  of  said  judges 
shall  then  take  one  file  of  the  kind  of  ballots  which  contain  the  same 
names,  and  count  them  by  tens,  carefully  examining  each  name  on  each 
of  said  ballots.  Such  judge  shall  then  pass  the  ten  ballots  aforesaid 
to  the  judge  sitting  next  to  him,  who  shall  count  them  in  the  same 
manner,  who  shall  then  pass  them  to  the  third  judge,  who  shall,  also, 
count  them  in  the  same  manner.  The  third  judge  shall  then  call  the 
names  of  the  persons  named  in  the  ten  ballots,  and  the  offices  for 
which  they  are  designated ; and  the  poll  clerks  shall  tally  ten  votes 
for  each  of  such  persons.  When  said  judges  shall  have  gone  through 
such  tile  of  ballots,  containing  the  same  names,  by  tens  in  that  way  ; 
and  when  the  poll  clerks  shall  have  tallied  all  the  votes  by  tens  for 
each  of  such  ])ersons,  they  shall,  then,  take  up  the  next  tile  of  ballots 
containing  the  same  names,  and  shall  count  them  by  tens  in  the  same 
way  ; and  shall  call  the  names  of  the  persons  named  in  said  ballots,  and 
the  offices  for  which  they  are  designated  ; and  the  tally  clerks  shall 
tally  the  votes  by  tens  for  each  of  such  persons  in  the  same  manner  as 
in  the  first  instance.  When  the  counting  of  each  file  of  ballots  which 
contain  the  same  names  shall  be  completed,  the  poll  clerks  shall  com- 
pare their  tallies  together  and  ascertain  the  total  number  of  ballots  of 
that  kind  so  canvassed.  And,  when  they  agree  upon  the  number,  one 
of  them  shall  announce  it  in  a loud  voice  to  the  judges.  The  said 
judges  shall  then  canvass  the  other  kinds  of  ballots  which  do  not  cor- 
respond, those  containing  names  partly  from  one  kind  of  ballots  and 
partly  from  another,  being  those  usually  called  “ split  tickets and 
those  from  which  the  name  of  the  person  proper  to  be  voted  for  on 
such  ballots  has  been  omitted  or  erased,  usually  called  “ scratched  tick- 
ets”. They  shall  be  canvassed  se])arately  by  one  of  the  judges  sitting 
between  the  two  other  judges,  which  judge  shall  call  each  name  to  the 
poll  clerks,  and  the  office  for  which  it  is  designated ; and  the  other 
judges,  looking  at  the  ballot  at  the  same  time,  and  the  poll  clerks  mak- 
ing tally  of  the  same.  When  all  the  ballots  have  been  canvassed  in  this 
manner,  the  poll  clerks  shall  com])are  their  tallies  together,  and  ascer- 
tain the  total  number  of  votes  received  l)y  each  candidate,  and  when 
they  agree  upon  the  numbers,  one  of  them  shall  announce  in  a loud 
voice  to  the  judges  the  number  of  votes  received  by  each  candidate  on 
each  of  the  kinds  of  ballots  containing  his  name,  the  number  received 
by  him  on  the  split  and  scratched  tickets,  and  the  total  number  of 
votes  received  by  him. 

431.  Ballots  strung.]  § 13.  Each  batch  of  ten  ballots  counted  by 
the  judges  of  election  shall,  as  soon  as  counted,  read  and  tallied,  be 


Elections. 


215 


strung  upon  a strong  string,  thread  or  twine,  in  tlie  order  in  which 
they  have  been  read  ; and  each  batch  shall  be  thus  disposed  of  before 
the  coininencement  of  the  count  as  to  the  next  batch. 

432.  Proposition  submitted  — canvass.]  § Whenever  any 
proposition  is  submitted  to  a vote  of  the  people,  and  is  printed  or  writ- 
ten upon  the  same  ticket,  with  the  names  of  candidates  for  an  office, 
the  names,  together  with  such  proposition,  shall  be  canvassed  in  the 
following  manner : All  the  ballots  shall  be  first  separated  into  three 

piles.  The  first  pile  containing  all  the  ballots  in  favor  of  such  proposi- 
tion, the  second  pile  containing  all  the  ballots  against  such  proposition, 
and  the  third  pile  containing  all  the  ballots  not  mentioning  such  propo- 
sition, or  being  neither  for  or  against  such  proposition.  Each  of  the 
judges  shall  then  examine  each  pile,  and  see  that  the  separation  has 
been  properly  made.  Then  the  first  pile  shall  be  counted  by  tens,  and 
the  result  announced  to  the  clerk,  who  shall  tally  the  same  by  tens. 
And  so  the  second  pile  shall  be  counted,  announced 'and  tallied,  and 
likewise  the  third  pile,  if  necessary.  Whereupon  the  clerks  shall  an- 
nounce to  the  judges  the  number  of  votes  for  and  the  number  of  votes 
against  such  proposition.  The  ballots  for  or  against  any  proposition 
submitted  shall  always  be  canvassed,  counted  and  tallied  l)efore  the 
names  of  candidates  for  any  office  are  canvassed,  counted  or  tallied. 

433-  When  tally  sheets  contain  no  heading  for  proposition 
— duty  of  judges.]  § 15.  If  the  tally  sheets  and  returns  should 
contain  no  heading  for  any  proposition  submitted,  it  shall  be  the  duty 
of  the  clerks  to  write  into  such  tally  sheets  and  returns  the  headings 
necessary  in  order  to  keep  a correct  tally,  and  to  make  a correct  and 
accurate  return,  and  it  shall  be  the  legal  duty  of  the  clerks  and  judges 
of  election  to  make  a true  count  and  correct  return  of  all  votes  upon 
any  such  proposition,  and  any  wilful  failure  or  neglect  of  any  judge  or 
clerk  to  do  so  shall  constitute  a felony  and,  on  conviction,  such  judge 
or  clerk  shall  be  sent  to  the  penitentiary  for  not  less  than  three  years 
nor  more  than  five  years. 

434.  Judges  to  proclaim  number  of  votes  etc.]  § 16.  When  the 
canvass  of  the  ballots  shall  have  been  completed  and  the  poll  clerks 
shall  have  announced  to  the  judges  the  total  number  of  votes  received 
by  each  candidate,  each  of  the  judges  of  election,  in  turn,  shall  then  pro- 
claim in  a loud  voice,  the  total  number  of  votes  received  by  each  of  the 
persons  voted  for  in  such  precinct,  and  the  office  for  which  he  is  desig- 
nated ; and  the  number  of  votes  for  and  the  number  of  votes  against 
any  proposition  which  shall  have  been  submitted  to  a vote  of  the 
people.  Such  proclamation  shall  be  prima  facie  evidence  of  the  result 
of  the  canvass  of  such  ballots. 

435.  Returns  — certificate  — direction.]  § 17.  The  said  judges 
of  election  shall  make  quadruple  statements  of  the  result  of  the  canvass, 
one  of  which  shall  be  written,  or  partly  written  and  partly  printed,  in 
each  of  the  poll  books  used  at  such  election.  Each  of  the  statements  shall 
contain  a caption  stating  the  day  on  which  and  the  number  of  the  elec- 
tion precinct  and  the  ward,  city  and  county  in  relation  to  which  such 


216 


Elections. 


statements  shall  be  made;  and  the  time  of  opening  and  closing  of  the 
polls  of  such  election  precinct.  It  shall,  also,  contain  a statement  show- 
ing the  whole  number  of  votes  given  fur  each  person,  designating  the 
office  for  which  they  were  given,  which  statement  shall  be  written  or 
])artly  written  and  partly  jirinted  in  words  at  length;  and  in  case  a 
]>roposition  of  any  kind  has  been  submitted  to  a vote  at  such  election, 
such  statements  shall  also  show  the  whole  number  of  votes  cast  for  or 
against  such  j)roposition,  written  out  or  partly  written  and  partly  printed 
in  words  at  length.  And,  at  the  end  thereof,  a.certilicate  that  such 
statement  is  correct  in  all  respects.  Which  certificate  and  each  sheet  of 
paper  forming  part  of  the  statement  shall  be  subscribed  by  the  said 
judges  and  election  clerks.  If  any  judge  or  election  clerk  shall  decline 
to  sign  such  return,  he  shall  state  his  reasons  therefor  in  writing,  and 
a coj)y  thereof,  signed  by  himself,  shall  be  inclosed  with  each  return. 
Each  of  the  statements,  except  the  one  contained  in  each  of  the  poll 
books,  shall  be  inclosed  in  an  envelope,  which  shall  then  be  securely 
sealed  with  sealing  wax  or  other  adhesive  material ; and,  each  of  the 
judges  and  each  of  the  election  clerks  shall  write  his  name  across  every 
fold  at  which  the  envelope,  if  unfastened,  could  be  opened.  One  of 
the  envelopes  shall  be  directed  to  the  county  clerk,  and  one  to  the  comp- 
troller of  the  city,  or  to  the  officer  of  such  city  whose  duties  corre- 
spond with  those  of  the  comptroller.  Each  set  of  tallies  shall,  also,  be 
signed  by  the  election  clerks  and  the  judges  of  the  election.  And  each 
shall  be  inclosed  in  an  envelope,  securely  sealed  and  signed  in  like 
manner;  and  one  of  the  envelopes  shall  be  directed  on  the  outside  to 
the  election  commissioners,  and  the  other  to  the  city,  village  or  town 
clerk.  On  the  outside  of  every  envelope  shall  be  indorsed  whether  it 
contains  the  statement  of  the  votes  cast  or  the  tallies,  and  for  what 
precinct  and  ward,  village  or  town. 

1.  The  fact  that  ou  an  election  for  or  against  the  same  candidates  or  measures, 
held  on  the  same  day  in  two  different  cities,  in  one  city  the  returns  are  to  the  city 
clerk  and  in  the  other  to  the  county  clerk  does  not  affect  the  fact  of  a “ free  and 
equal”  election;  People  s.  Hotfman,  116  111.,  594. 

2.  Votes  shown  by  a return,  from  a town,  the  poll  books  returned  to  county  clerk 
and  the  secretary  of  state  not  having  the  statutory  certificate,  should  be  rejected  by 
the  canvassing  board  and  a result  declared  on  returns  conforming  to  the  statute; 
Lawrence  Co.  v.  Schmaulhausen,  123  111.,  328. 

3.  It  is  the  duty  of  the  canvassers  to  make  out  a certificate  etc.  and  return  etc.  to 
proper  officers,  who  constitute  a board  of  canvassers.  If  there  be  no  contest,  how- 
ever, entered,  the  canvassing  board  can  but  declare  the  result  shown  by  the  certifi- 
cate; People  V.  Kilduff,  15  111.,  492. 

436.  One  ballot  of  each  kind  attached  to  returns  etc.]  § 18. 

Before  inclosing  in  an  envelope  the  statements  or  returns  aforesaid, 
and  after  signing  the  same,  said  judges  shall  securely  paste  or  attach  to 
each  return  one  ballot  of  each  kind  found  to  have  been  given  for  the 
officers  to  be  chosen  at  such  election,  and  they  shall  state  in  words,  at 
full  length,  immeiliately  opposite  such  ballot,  and  written  partly  on 
such  ballot  and  partly  on  the  paper  to  which  it  shall  be  pasted  or  at- 
tached, so  that  one  of  each  kind  of  l)allots  received  at  such  election 
for  the  officers  then  to  be  chosen  shall  be  pasted  or  attached  to  such 


Elections. 


217 


statement  of  such  canvass.  If  only  one  ballot  of  any  kind  shall  be 
found  in  the  ballot  box,  it  shall  be  pasted  or  attached  to  the  statement 
to  be  delivered  to  the  board  of  election  commissioners,  and  if  only  two 
ballots  of  any  kind  are  found  in  the  box,  one  shall  be  pasted  or  attached 
to  the  statement  to  be  delivered  to  the  board  of  election  commission- 
ers, and  the  other  statement  to  be  delivered  to  the  county  clerk.  They 
shall,  also,  paste  or  attach  all  the  ballots  rejected  by  them  as  beinic  defi- 
cient, in  whole  or  in  part,  to  the  statement,  to  be  delivered  to  the  board 
of  election  commissioners. 

437.  Poll  books  to  be  placed  in  ballot  box  etc.]  § 19.  The  poll 

books,  which  contain  two  of  the  several  statements  or  returns,  shall  be 
placed  in  the  ballot  box,  and  the  ballot  box  shall  then  be  locked  and 
the  key  removed,  whereupon  said  judges  of  election  sIirII  all  write  their 
names  upon  a strip  of  paper  of  sufficient  length  for  the  following  pur- 
pose : Said  strip  of  paper,  after  the  signing  of  their  names  thereon  by 

said  judges,  shall  then  be  pasted  over  the  keyhole  in  said  ballot  box, 
and  extending  upward  to  the  upper  lid  of  the  box,  and  carried  for 
some  distance  over  the  top,  and  it  shall  be  placed  in  such  a way  that 
the  signatures  of  said  judges  shall  extend  across  the  place  of  the  open- 
ing of  the  lid  of  the  box,  so  that  when  the  box  is  opened  it  shall  tear 
such  paper,  and  destroy  the  signatures  written  thereon,  and  so  that  when 
the  key  shall  be  inserted  in  the  keyhole  it  will  tear  the  paper  so  pasted 
over  the  keyhole.  Such  paper  shall  be  fastened  wdth  sealing  wax,  or 
by  some  other  adhesive  material,  which  will  not  permit  the  removal  of 
such  slip  of  paper  without  defacing  the  same. 

438.  Judges  to  deliver  ballot  box  etc.  to  commissioners.] 
§ 20.  Thereupon  one  of  the  judges  of  election  shall  take  charge  of 
said  ballot  box  and  its  contents  so  inclosed,  and  one  of  the  judges, 
who  shall  represent  the  opposite  political  party  from  the  one  taking 
the  ballot  box,  shall  receive  and  hold  the  key  thereto.  The  two 
judges  who  do  not  have  charge  of  the  ballot  box  shall  each  take  one  of 
the  statements  of  votes  cast  into  his  possession,  sealed  upiirthe  enve- 
lopes, as  aforesaid  ; and  each  of  the  clerks  shall  take  one  of  the  tally 
sheets  sealed  up  in  the  envelope,  as  aforesaid.  Thereupon,  and  before 
separating  the  remaining  ballots  not  pasted  or  attached  to  said  state- 
ments, as  hereinbefore  provided,  shall  be  destroyed,  and  the  meeting 
of  said  judges  and  clei’ks  shall  then  be  dissolved.  Thereupon,  and  be- 
fore twelve  o’clock  of  the  day  after  such  election,  the  judge  having 
possession  of  such  ballot  box  shall  deliver  the  same  with  the  contents 
as  aforesaid,  to  the  board  of  election  commissioners,  with  the  seal  un- 
broken, and  shall  receive  a receipt  therefor  ; and,  within  the  same  pe- 
riod of  time,  the  judge  having  possession  of  such  key  shall  deliver  the 
same  to  said  board  of  commissioners  and  receive  a receipt  therefor, 
and  the  two  judges  not  having  possession  of  the  ballot  box  and  the  two 
clerks  shall  each,  before  twelve  o’clock  of  the  next  day  after  such  elec- 
tion, deliver  the  statements  and  tallies  so  in  their  possession,  respec- 
tively to  the  respective  officers  to  whom  addressed,  as  aforesaid,  and 
■who  by  this  act  are  entitled  to  receive  the  same  and,  when  delivered, 

28 


218 


Elections. 


each  one  shall  take  a receipt  from  the  ofKcer  to  whom  delivered.  And, 
none  of  them  shall  receive  pay  for  their  services  as  such  judges  or 
clerks  without  the  production  of  tlie  receipts  so  given  them  by  tlie  offi- 
cers aforesaid.  It  shall  be  the  duty  of  tlie  respective  officers  so  desig- 
nated, to  whom  such  statements  and  tallies  are  ordered  to  be  delivered, 
to  receive  the  same,  and  to  safely  keep  under  lock  and  key  until  or- 
dered to  be  surrendered  as  hereinafter  provided. 

439.  Commissioners  to  receive,  note  condition  and  open  ballot 
box.J  § 21.  The  said  board  of  election  commissioners,  upon  the  receipt 
of  said  ballot  box  and  the  key  thereto,  shall  note  the  condition  of 
the  seal  or  stamp  on  said  box,  and  enter  the  fact  touching  the  same  upon 
a book  to  be  kept  by  them,  together  with  the  name  of  the  officer  who 
returned  such  ballot  box.  They  shall,  thereupon,  open  said  ballot  box 
and  remove  the  poll  books  containing  the  returns  of  the  votes  cast,  and 
note  upon  the  same  memorandum  book  their  condition  and  shall  put 
them  in  a secure  place  under  lock  and  key,  to  which  the  public  in  no 
event  shall  have  access. 


Article  V. — General  Canvass. 

440.  Canvassing  board  to  open  returns  — abstract  of  votes, 
how  made.]  § 1-  Within  seven  days  after  the  close  of  such  election, 
the  county  judge,  with  the  assistance  of  the  city  attorney  and  the  board 
of  election  commissioners,  who  are  hereby  declared  a canvassing  board 
for  such  city,  shall  open  all  the  returns  left,  respectively,  with  the  elec- 
tion commissioners,  the  county  clerk  and  city  comptroller,  and  shall 
make  abstracts  or  statements  of  the  votes  in  the  following  manner,  as 
the  case  may  require,  viz.  : All  votes  for  governor  and  lieutenant  gov- 
ernor on  one  sheet ; all  votes  for  other  state  officers  on  another  sheet ; 
all  votes  for  presidential  electors  on  another  sheet ; all  votes  for  rej^re- 
sentatives  to  congress  on  another  sheet;  all  votes  for  judges  of  the  su- 
preme court  on  another  sheet ; all  votes  for  clerks  of  the  supreme  court 
on  another  sheet;  all  votes  for  clerk  of  the  appellate  court  on  another 
sheet;  all  votes  for  judges  of  the  circuit  court  on  another  sheet;  all 
voles  for  senators  and  representatives  to  the  general  assembly  on  an- 
other sheet ; all  votes  for  membei’s  of  the  state  board  of  equalization  on 
another  sheet ; all  votes  for  county  officers  on  another  sheet ; all  votes 
for  city  officers  on  another  sheet ; all  votes  for  town  officers  on  another 
sheet,  and  all  votes  for  any  other  office  on  a separate  and  appropriate 
sheet ; all  votes  for  any  proposition,  which  may  be  submitted  to  a vote 
of  the  people,  on  another  slieet,  and  all  votes  against  any  proposition, 
submitted  to  a vote  of  the  people,  on  another  sheet. 

1.  The  office  of  canvassers  of  the  result  of  an  election  is,  merely,  ministerial.  As 
such  it  will  be  controlled  by  the  courts.  These  officers  have  no  discretionary  powers; 
they  are  to  open  the  returns,  make  abstracts  of  the  votes  — as  they  appear  — and  the 
clerk  is  to  deliver  a certificate  of  election  to  each  of  the  persons  having  the  highest 
number  of  votes.  They  are  not  allowed  to  reject  any  return  or  to  decide  on  the  va- 
lidity thereof  if,  on  its  face,  it  is  made  in  compliance  with  the  law  and  in  the  form 
prescribed  by  statute;  People  c.  Hilliard,  29  111.,  423. 


Elections. 


219 


2.  If  an  informality  occur  in  making  election  returns  it  may  be  corrected  by  the 
canvassers.  It  should  not  be  allowed  to  operate  so  as  to  disfranchise  the  others; 
People  Hilliard,  29  HI..  423. 

3.  A mere  irregularity  in  conducting  an  election,  which  deprives  no  legal  voter  of 
his  vote  and  does  not  change  the  result,  never  has  been  held  to  invalidate  an  elec- 
tion; Pratt  V.  People,  29  111.,  72. 

441.  Canvassers  to  declare  result  — certificate  — its  force.] 

§ 2.  It  shall  be  the  duty  of  such  board  of  canvassers  to  canvass,  add 
up  and  declare  the  result  of  every  election  hereafter  held  within  the 
boundaries  of  such  city  or  incorporated  town,  and  the  county  court 
shall,  thereupon,  enter  of  record  such  abstract  and  result,  and  a certified 
copy  of  such  record  shall,  thereu})on,  be  filed  with  the  county  clerk  of 
said  county.  And,  such  abstracts  or  results  shall  be  treated  by  said 
county  clerk  in  all  respects  as  if  made  by  the  canvassing  board,  now 
provided  by  law,  and  he  shall  transmit  the  same  to  the  secretary  of 
state,  or  other  proper  officer,  as  required  by  law.  And,  such  abstracts 
or  results  so  entered  and  declared  by  such  county  court,  and  a certified 
copy  thereof,  shall  be  treated  every  where  within  the  state,  and  by  all 
public  officers,  with  the  same  binding  force  and  effect  as  the  abstract 
of  votes  now  authorized  by  the  general  law  of  the  state. 

1.  The  election  does  not  depend  on  the  declaration  of  the  election  board.  If  the 
declaration  be  withheld,  or  not  made,  through  illegal  causes,  the  office' will  vest.  The 
authority,  rights  and  powers  of  an  officer  are  derived  from  the  election  — not  from 
the  returns;  People  v.  Kilduff,  15  111.,  492. 

2.  Certificate  of  judges  of  election,  with  the  list  of  voters  and  tally  sheet  is  the 
sole  evidence  on  which  a canvassing  board  can  act;  Lawrence  Co.  v.  Schmaulhausen, 
123  111.,  328. 

442.  Certificate  of  election.]  § 3.  The  county  clerk  shall  make 
out  a certificate  of  election  to  each  person  having  the  highest  number 
of  votes  for  the  several  county  and  town  offices,  and  deliver  such  cer- 
tificate of  election  to  the  person  entitled  to  it,  on  his  application. 

443.  Certificate  of  election  — city  offices  etc.]  § d.  The  county 
clerk  shall  make  out  a certificate  of  election  to  each  of  the  persons  hav- 
ing the  highest  number  of  votes,  as  declared  by  the  order  of  said  court, 
for  the  several  city  or  town  officers  within  such  city,  including  al- 
dermen, and  deliver  such  certificate  of  election  to  the  person  entitled 
to  it,  on  his  application. 

444.  City  or  town  office  — tie  vote.]  § 5.  In  the  canvass  of  such 
votes  by  the  canvassing  board,  provided  in  said  act,  said  board  shall  de- 
clare who  is  elected  to  any  city  or  town  office.  In  the  case  of  a tie  in 
the  election  to  any  city  office,  or  to  any  office  voted  for  only  within  the 
territory  of  such  city,  it  shall  be  determined  by  lot  in  such  manner  as 
such  canvassers  shall  direct,  which  candidate  or  candidates  shall  hold 
the  office  and,  thereupon,  the  person  in  whose  favor  it  shall  result  shall 
be  declared  elected  by  the  order  entered  in  said  county  court,  as  afore- 
said. 

445.  Duty  of  canvassing  board  on  indication  of  fraud.]  § 6. 

If,  upon  opening  the  various  returns  so  made  by  the  board  of  canvas- 
sers, as  aforesaid,  there  shall  be  any  thing  to  indicate  that  a change  has 
been  made  in  such  returns  since  signing  the  same  by  the  judges  or 


Klkctioxs. 


:i2() 

clerks,  or  of  any  fraud,  in  any  respect,  toiicliing  sncli  returns,  it  shall 
then  be  the  duty  of  said  canvassing  boai’d  to  have  all  the  tallies  opened 
and  examined.  If  there  shall  then  be  any  doubt  as  to  the  genuineness 
of  such  returns  for  any  precinct,  and  as  to  the  actual  vote  as  originally  re- 
turned, and  the  truth  respecting  the  same  remains  uncertain,  it  shall  be 
the  duty  of  such  canvassers  to  examine  any  person  or  ])ersons  who 
were  present  at  the  time  of  the  j)roclamation  so  made  by  the  judges  of 
election,  in  such  precinct,  about  which  any  doubt  arises,  and  the  board 
shall  be  permitted  to  place  sucii  parties  or  witnesses  on  oath,  and  ex- 
amine them  touching  the  same,  and  it  shall  be  their  duty  to  call  such 
parties  who  were  present  at  the  time  of  such  proclamation  to  come  be- 
fore them,  and  a subpoena  may  be  issued  by  the  county  court,  under 
the  direction  of  said  board,  compelling  any  such  witnesses  to  come 
before  said  board  and  give  their  evidence  touching  the  matter  in  con- 
troversy ; and  thereupon  it  shall  be  the  duty  of  said  board  to  declare 
the  result  of  the  vote  in  any  such  precinct,  in  regard  to  which  any  ques- 
tion arises,  as  it  was  proclaimed  by  the  judges  of  election  after  the  can- 
vass by  them  in  such  precinct,  which  result,  when  so  declared,  shall  be 
binding  and  conclusive. 

446.  Presiding  officer  of  board  — declaring  result.]  § 7.  The 

county  judge  shall  be  the  presiding  officer  of  such  can  vassing  board,  and 
a majority  of  such  canvassing  board  shall  have  the  right  to  declare  the 
result,  and  the  result,  when  so  declared,  the  said  county  judge  shall 
cause  to  be  entered  of  record  in  his  court  as  aforesaid,  which  shall  be 
conclusive  as  to  the  votes  cast  at  such  election  in  all  the  precincts  of  such 
city. 

ArticleYI.  — Offensks. 

447.  Offenses  generally — penalty.]  § 1.  If,  at  any  general  reg- 
istration of  voters,  or  at  any  meeting  of  the  judges  of  election  held  for 
such  purpose,  or  for  revision  thereof,  as  provided  in  this  act,  any  per- 
son shall  falsely  personate  an  elector  or  other  person,  and  register  or 
attempt  or  offer  to  register  in  the  name  of  such  elector  or  other  person  ; 

Or  if  any  person  shall  knowingly  or  fraudulently  register  or  offer,  or 
attempt  or  make  application  to  register,  in  or  under  the  name  of  any 
other  person,  or  in  or  under  any  false,  assumed  or  fictitious  name,  or  in 
or  under  any  name  not  his  own  ; 

Or  shall  knowingly  or  fraudulently  register  in  two  election  precincts; 

Or,  having  registered  in  one  precinct,  shall  fi-audulently  attempt  or 
offer  to  register  in  another ; 

Or,  shall  fraudulently  register  or  attempt  or  offer  to  register  in  any 
election  precinct,  not  having  a lawful  right  to  register  therein  ; 

Or  shall  knowingly  or  wilfully  do  any  unlawful  act  to  secure  registra- 
tion for  himself  or  any  other  person  ; or  shall  knowingly,  wilfully  or 
fraudulently,  by  false  personation  or  othei'wise,  or  by  any  unlawful 
means  cause  or  procure,  or  attempt  to  cause  or  ]U’ocure  the  name  of  any 
qualified  voter  in  any  election  precinct  to  be  erased  or  stricken  from  any 


Elections.  221 

registry  of  the  voters  of  sucli  district,  made  in  pursuance  of  this  act  or 
otherwise,  as  in  this  act  provided  ; 

Or  by  force,  threat,  menace,  intimidation,  bribery,  reward  or  offeror 
promise  thereof,  or  other  unlawful  means,  prevent,  hinder  or  delay  any 
person  having  a lawful  right  to  register  or  be  registered,  from  duly  ex- 
ercising such  right ; 

Or  shall  knowingly,  wilfully  or  fraudulently  compel  or  induce,  or  at- 
tempt, or  offer  to  compel  or  induce,  by  such  means,  or  any  unlawful 
means,  any  judge  of  election  or  other  officer  of  registration  in  any  elec- 
tion precinct  to  register  or  admit  to  registration  any  person  not  lawfully 
entitled  to  registration  in  such  precinct ; 

Or  to  register  any  false,  assumed  or  fictitious  name,  or  any  name  of 
any  person  except  as  provided  in  this  act ; 

Or  shall  knowingly  or  wilfully  or  fraudulently  interfere  with,  hinder, 
or  delay  any  judge  of  election,  or  other  officer  of  registration,  in  the 
discharge  of  his  duties,  or  counsel,  advise  or  induce,  or  attempt  to  in- 
duce, any  such  judge  or  other  officer  to  refuse  or  neglect  to  comply 
with,  or  to  perform  his  duties,  or  to  violate  any  law  prescribed  for 
regulating  the  same  ; 

Or  shall  aid,  counsel,  procure  or  advise  any  voter,  person,  judge  of 
election,  or  other  officer  of  registration,  to  do  any  act  by  law  forbidden, 
or  in  this  act  constituted  an  offense,  or  to  omit  to  do  any  act  by  law 
directed  to  be  done  ; 

Every  such  person,  upon  conviction  thereof,  shall  be  adjudged  guilty 
of  a felony,  and  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

448.  At  city,  village  or  town  election  — penalty.]  § 2.  If,  at  any 
election  hereafter  held  in  any  such  city,  village  or  incorporated  town, 
any  person  shall  falsely  personate  any  elector  or  other  person,  and  vote 
or  attempt  or  offer  to  vote  in  or  upon  the  name  of  sucli  elector  or  other 
person ; 

Or  shall  vote  or  attempt  to  vote  in  or  upon  the  name  of  any  other 
person,  whether  living  or  dead,  or  in  or  upon  any  false,  assumed  or 
fictitious  name,  or  in  or  upon  any  name  not  his  own  ; 

Or  shall  knowingly,  wilfully  or  fraudulently  vote  more  than  once 
for  any  candidate  for  the  same  office,  except  as  authorized  by  law  ; 

Or  shall  vote  or  attempt  or  offer  to  vote  in  any  election  precinct 
without  having  a lawful  right  to  vote  therein  ; 

Or  vote  more  than  once,  or  vote  in  more  than  one  election  district ; 

Or,  having  once  voted,  shall  vote  or  attempt  or  offer  to  vote  again; 

Or  shall  knowingly,  wilfully  or  fraudulently  do  any  unlawful  act  to 
secure  a right  or  an  opportunity  to  vote  for  himself  or  for  any  other 
person  ; 

Or  shall  by  force,  threat,  menace,  intimidation,  bribery  or  reward,  or 
offer  or  promise  thereof,  or  otherwise  unlawfully,  either  directly  or  in^ 
directly,  influence  or  attempt  to  influence  any  elector  in  giving  his  vote ; 

Or  prevent  or  hinder,  or  attempt  to  prevent  or  hinder,  any  qualified 
voter  from  freely  exercising  the  right  of  suffrage ; 


Elections. 


090 

Or  by  any  kucIi  means  induce,  oi’  attempt  to  induce,  any  such  voter 
to  exercise  any  such  rii^lit; 

Or  shall,  hy  any  such  means,  or  otherwise,  compel  or  induce,  or 
attempt  to  compel  or  induce,  any  judge  of  election  or  other  otHcer  of 
election,  in  any  election  precinct,  to  receive  the  vote  of  any  person  not 
legally  (pialitied  or  entitled  to  vote  at  the  said  election,  in  such  district; 

Or  shall  knowingly,  wilfully  or  fraudulently  interfere  with,  delay  or 
hinder,  in  any  manner,  any  judge  of  election,  poll  clerk  or  other  ollicer 
of  election  in  the  discharge  of  his  duties; 

Or  hy  any  of  such  means,  oi*  other  mdawful  means,  knowingly,  wil- 
fully or  fraudulently  counsel,  advise,  induce,  or  attempt  to  induce  any 
judge  of  electi(.)n,  poll  clerk,  or  other  officer  of  election,  whose  duty  it 
is  to  ascertain,  proclaim,  announce  or  declare  the  result  of  any  such 
election,  to  give  or  to  make  any  false  certificate,  document,  report, 
return  or  other  false  evidence  in  relation  thereto; 

Or  to  refuse  or  neglect  to  comply  with  his  duty,  or  to  violate  any  law 
regulating  the  same,  or  to  receive  the  vote  of  any  person  in  any  elec- 
tion district  not  entitled  to  vote  therein  ; 

Or  to  refuse  to  receive  the  vote  of  any  person  entitled  to  vote  therein  ; 

Or  shall  aid,  coinisel,  advise,  procure  or  assist  any  voter,  person  or 
judge  of  election  or  other  officer  of  election  to  do  any  act  by  law  for- 
l)idden,  or  in  this  act  constituted  an  offense; 

Or  to  omit  to  do  any  act  hy  law  directed  to  he  done; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a felony,  and  shall  be  punished  for  each  and  every  such  offense  by 
imprisonment  in  the  penitentiary  for  not  less  than  one  nor  more  than 
live  years. 

449.  Poll  clerk  — false  list — penalty.]  § 3.  If  aiiy  election  clerk, 
or  poll  clerk,  or  any  judge  of  election  performing  the  duties  of  poll 
clerk,  or  other  person  performing  such  duties,  shall  wilfully  keep  a false 
poll  list ; 

' Or  shall  knowingly  insert  in  his  poll  list  any  false  statement  or  any 
name  or  statement,  or  any  check,  alteration  or  mark,  except  as  in  this 
act  provided ; 

He  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a felony,  and 
shall  he  punished  by  imprisonment  in  tlie  penitentiary  for  not  less  than 
one  nor  more  than  live  years. 

450.  Judge  wilfully  refusing  vote  etc. — penalty.]  § E Every 
judge  of  election  who  shall  wilfully  exclude  any  vote  duly  tendered, 
knowing  that  the  person  offering  the  same  is  lawfully  entitled  to  vote 
at  such  election: 

Or  shall  wilfully  receive  a vote  from  any  person  who  lias  been  duly 
challenged  in  relation  to  his  right  to  vote  at  such  election,  without 
exacting  from  such  person  such  oath  or  other  proof  of  (pialification  as 
may  he  required  by  law ; 

Or  shall  wilfully  omit  to  challenge  any  person  offering  to  vote, 
whom  he  knows  or  suspects  not  to  be  entitled  to  vote,  and  who  has  not 
been  challenged  by  any  other  person; 


Elections. 


223 

He  sliall,  upon  conviction  thereof,  be  adjudged  gnilty  of  a felony, 
and  shall  be  punished  by  iiriprisoninent  in  tlie  penitentiary  for  not  less 
than  one  nor  more  than  two  years. 

451.  False  canvass  etc. — penalty.]  § 5.  Every  judge  of  election, 
member  of  any  board  of  canvassers,  messenger,  poll  clerk  or  other  officer 
authorized  to  take  part  in,  or  perform  an}"  duty  in  relation  to,  any  can- 
vass or  official  statement  of  the  votes  cast  at  any  election  in  any  pre- 
cinct, or  in  any  city,  village  or  incorporated  town,  who  shall  wilfully 
make  any  false  canvass  of  sucli  votes ; 

Or  shall  make,  sign,  publish  or  deliver  any  false  return  of  such  elec- 
tion, or  any  false  certificate  or  statement  of  the  result  of  such  election, 
knowing  tlie  same  to  be  false ; 

Or  who  shall  wilfully  deface,  destroy  or  conceal  any  statement,  tally 
or  certificate  intrusted  to  his  cjire  or  custody ; 

Shall,  on  conviction  thereof,  be  adjudged  guilty  of  a felony,  and 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  not  less  than 
five  nor  more  than  ten  years. 

452.  Permitting  false  ballots  etc. — penalty.]  §6.  If  any  per- 
son, other  than  a judge  of  election,  shall,  at  any  such  election,  know- 
ingly and  wilfully  put,  or  cause  to  be  put,  any  ballot  or  ballots,  or  other 
paper  having  the  semblance  thereof,  into  any  boxiiised  at  such  election 
for  the  reception  of  votes  ; 

Or  if  any  such  judge  of  election  shall  knownngly  and  wilfully  cause 
or  permit  any  ballot  or  ballots  to  be  in  said  box  at  the  opening  of  the 
polls  and  before  voting  shall  have  commenced  ; 

Or  shall  knownngly,  wnlfully  or  fraudulent!}  put  any  ballot  or  other 
paper  having  the  semblance  thereof,  into  any  such  box  at  any  such  elec- 
tion, unless  the  same  shall  be  offered  by  an  elector,  and  his  name  shall 
have  been  found  and  kept  upon  the  registry,  as  hereinbefore  provided, 
or  who  shall  be  entitled  to  vote  under  this  act ; 

Or  if  any  such  judge  of  election  or  othei*  officer  or  person  shall  fraudu- 
lently, during  the  canvass  of  ballots,  in  any  manner  change,  substitute 
or  alter  any  ballot  taken  from  the  ballot  box  then  being  canvassed, 
or  from  any  ballot  box  which  has  not  been  canvassed  ; 

Or  shall  remove  any  ballot  or  seujblance  thereof,  from,  or  add  any 
ballot  or  semblance  thereof  to,  the  ballots  taken  from  the  ballot  box 
then  being  canvassed,  or  from  any  ballut  box  which  has  not  been  can- 
vassed ; 

Ev^ery  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a felony,  and  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

1.  Tliat  a name  on  a ballot  is  scratched  raises  no  presumption  that  a judge  of  elec- 
tion made  the  erasure;  Binger  v.  People,  21  App.,  867. 

2.  Indictment  for  altering  and  defacing  ballots  at  an  election  need  not  name  the 
electors  whose  ballots  were  altered;  Binger  r.  People,  21  App.,  867. 

8.  Such  indictment  charging  that  defendant  is  a judge  of  election  at  an  election 
for  township  officers  is  not  objectionable;  Binger  v.  People,  21  Ap]).,  867. 

4.  Indictment  charging  one  with  having  altered  and  defaced  a ballot,  legally  voted 
at  an  election  for  township  officers,  after  it  was  put  in  the  ballot  box,  will  sustain  a 
conviction;  Binger -r.  People,  24  App.,  810. 


Elections. 


m 


453.  Election  officers  — misconduct  — fraud  — penalty.]  §7.  If 

any  sucli  judge  of  election,  poll  clerk,  or  other  officer  of  registration, 
revision,  election  or  canvass,  of  whom  any  duty  is  refpn'red  in  this  act, 
or  by  the  general  election  laws  of  this  state,  so  far  as  the  same  are  con- 
sistent with  the  ])rovisions  of  this  act,  shall  be  guilty  of  any  wilful 
neglect  of  such  duty  ; 

Or  of  any  corrupt  or  fraudulent  conduct  or  practice  in  the  execution 
of  the  same  ; 

He  shall,  on  conviction  thereof,  be  adjudged  guilty  of  a felony,  and 
shall  be  ])iinished  by  imprisonment  in  the  penitentiary  for  not  less  than 
one  nor  more  than  live  years. 

454.  Stealing  document,  vote  etc.  — penalty.]  § 8.  Every 
judge  of  election,  poll  clerk,  or  other  officer  or  person  having  the  custody 
of  any  record,  registry  of  voters  or  copy  thereof,  oath,  i*eturn  or  state- 
ment of  votes,  certificate,  poll  list,  or  of  any  paper,  document,  or  vote 
of  any  description  in  this  act  directed  to  be  made,  filed  or  preserved, 
who  is  guilty  of  stealing,  wilfully  destroying,  mutilating,  defacing, 
falsifying  or  fraudulently  removing  or  secreting  the  whole  or  any  part 
thereof ; 

Or  who  shall  fraudulently  make  any  entry,  erasure  or  alteration 
therein,  except  as  allowed  and  directed  by  the  provisions  of  this  act ; 

Or  who  permits  any  other  person  so  to  do  ; 

Shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a felony,  and 
shall  be  punished  for  each  and  every  such  offense  by  imprisonment  in 
the  penitentiary  for  not  less  than  five  nor  more  than  ten  years. 

455.  Person  not  an  officer  — penalty.]  g 9.  Every  person  not  an 
officer,  such  as  is  mentioned  in  the  last  [)receding  section,  who  is  guilty 
of  any  of  the  acts  specified  in  said  last  section,  or  who  advises,  pro- 
cures, or  abets  the  commission  of  the  same  or  any  of  them,  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a felony,  and  for  each  and 
every  such  offense  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  less  than  ffve  nor  more  than  ten  years. 

And,  such  offense  shall  be  deemed  to  have  been  committed  whether 
such  person  has  or  had  any  custody  or  control,  rightful  or  otherwise, 
over,  or  is  charged  with  any  duty  in  relation  to  said  records,  register, 
ballots  or  other  documents. 

456.  False  swearing.  1 § 10.  Any  person  who  shall  be  convicted 

of  wilfully  and  corruptly  swearing  or  affirming  in  taking  any  oath  or 
affirmation  prescribed  by,  or  upon  any  examination  provided  for  in  this 
act,  shall  be  adjudged  guilty  of  a wilful  and  a corrupt  perjury,  and  shall 
be  punished  according  to  the  laws  of  the  state. 

457.  Advising  person  to  swear  falsely  etc.]  § 11.  Every  person 
who  shall  wilfully  and  corruptly  instigate,  advise,  induce  or  procure 
any  person  to  swear  or  affirm  falsely,  as  aforesaid,  or  attempt  or  offer  so 
to  do,  shall  be  adjudged  as  guilty  of  subornation  of  perjury,  and  shall, 
upon  Conviction  thereof,  suffer  the  punishment  directed  by  law  in  cases 
of  wilful  and  corrupt  perjury. 


Elections. 


225 


458.  Changing  ballot  etc.]  § 12.  If  any  person  shall  frandulently 
change  or  alter  ihe  ballot  of  any  elector,  or  substitute  one  ballot  fur 
another ; 

Or  fraudulently  furnish  any  elector  with  a ballot  containing  more 
than  the  proper  nunibei’  of  names; 

Or  shall  intentionally  practice  any  fraud  upon  any  elector  to  induce 
him  to  deposit  a ballot  as  his  vote,  and  to  have  the  same  thrown  out 
and  not  counted,  or  to  have  the  same  counted  for  a person  or  candidate 
other  than  the  person  or  candidate  for  whom  such  elector  intended  to 
vote ; 

Or  otherwise  defraud  him  of  his  vote ; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a felony,  and  shall,  if  a judge  of  election,  poll  clerk  or  other  officer 
of  election,  be  punished  with  imprisonment  in  the  penitentiary  for  not 
less  than  two  nor  more  than  five  years. 

And,  if  not  such  judge,  poll  clerk  or  other  officer  of  election,  shall  be 
punished  by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor 
more  than  five  years. 

459.  Felon  no  right  to  vote  — pardon.]  § 13.  If  any  person  who 
shall  have  been  convicted  of  bribery,  felony  or  other  infamous  crime, 
under  the  laws  of  any  state,  and  who  has  never  received  the  pardon  for 
such  offense  from  the  officer  entitled  to  grant  such  pardon,  shall  there- 
after vote,  or  offer  to  vote,  at  any  election  in  such  city,  village  or  in- 
corporated town  ; 

He  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a felony, 
and  for  each  and  every  such  offense  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  not  less  than  two  nor  more  than  five  years. 

460.  Disobeying  command  of  judge.]  § 14.  If  any  person  shall 
wilfully  disobey  any  lawful  command  of  any  judge  of  election,  or 
of  any  board  of  registry,  given  in  execution  of  his  or  their  duty  as 
such,  at  any  election  or  registration,  he  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a misdemeanor,  and  shall  be  punished  by  impris- 
onment in  the  county  jail  for  not  less  than  thirty  days  nor  more  than 
one  year ; or  by  a fine  of  not  less  than  two  hundred  and  fifty  ($250) 
nor  more  than  one  thousand  ($1,000)  dollars  ; or  by  both  such  fine  and 
imprisonment.  Any  misdemeanor  under  this  act,  for  which  no  penalty 
is  specifically  provided,  shall  be  punished  as  provided  in  this  section. 

461.  Breach  of  the  peace.]  § 15.  If  at  any  general  registration  of 
voters  or  revision  thereof,  or  on  any  day  of  election,  or  during  the  can- 
vass of  the  votes  cast  thereat,  any  person  shall  cause  any  breach  of  the 
peace,  or  be  guilty  of  any  disorderly  violence  or  threats  of  violence, 
whereby  any  such  registration,  revision,  election  or  canvass  shall  be 
impeded  or  hindered ; 

Or  whereby  the  lawful  proceedings  of  any  judge  of  election,  or  board 
of  registration  or  poll  clerk,  or  other  officer  of  such  election  or  chal- 
lenger, or  person  designated  to  be  present  at  the  canvass  of  any  ballots, 
as  hereinbefore  provided,  are  interfered  with  ; 

29 


Elections. 


Every  such  person  shall,  upon  conviction  thereof,  he  adjudged  guilty 
oi  the  inisdeineaiior,  and  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  daj^s  nor  more  than  one  year;  or  by 
a tine  ot  not  less  than  two  hundred  and  fifty  ($250)  dollars  nor  more 
than  one  thousand  ($1,000)  dollars;  or  by  both  such  line  and  imprison- 
ment. 

462.  Interfering  with  judge  etc.]  §16.  If  any  person  knowingly 
oi’  wilfully  shall  obstruct,  hinder  or  assault,  or  by  bribery,  solicitation  or 
otherwise  interfere  with  any  judge  of  election,  poll  clerk,  challenger,  or 
])erson  designated,  as  provided  in  this  act  to  be  ])iesent  at  the  canvass 
of  any  ballots,  in  the  performance  of  any  duty  required  of  him,  or  which 
he  may  liy  law  be  authorized  or  permitted  to  perform. 

Or  if  any  person,  by  any  of  the  means  before  mentioned  or  otherwise, 
unlawfully,  shall,  on  the  day  of  registration,  revision  of  registration,  or 
of  election,  hinder  or  prevent  any  judge  of  election,  poll  clerk,  challen- 
ger, or  person  designated,  as  provided  in  this  act,  to  be  present  at  the 
canvass  of  liallots  in  his  free  attendance  and  presence  at  the  place  of 
registration,  or  revision  of  registration,  or  of  election  in  the  election 
precinct,  in,  and  for  which  he  is  appointed  or  designated  to  serve  ; 

Or  in  his  full  and  free  access  and  egress  to  and  from  any  such  place 
of  registration,  revision  of  registration,  or  of  election; 

Or  to  and  from  any  room  where  such  registration,  revision  of  regis- 
tration, or  election,  or  canvass  of  votes,  or  making  of  any  return  or  cer- 
tificates thereof,  may  be  had  ; 

Or  shall  molest,  interfere  with,  remove  or  eject  from  any  such  place 
of  registration  or  poll  of  election,  or  of  canvassing  ballots  cast  thereat, 
or  of  making  of  returns  or  certificates  thereof  any  such  judge  of  elec- 
tion, poll  clerk,  challenger,  or  person  designated,  as  provided  in  this 
act,  to  watch  the  canvass  of  any  ballots,  except  as  otherwise  provided 
in  this  act,  or  shall  unlawfully  threaten  or  attempt  to  offer  so  to  do; 

Every  such  person  shall  be  guilty  of  a misdemeanor,  and,  on  convic- 
tion thereof,  shall  be  punished  by  imprisonment  in  the  county  jail  for 
not  less  than  six  months  nor  more  than  one  3’ear; 

Or  shall  be  fined  not  less  than  five  hundred  ($500),  nor  more  than 
two  thousand  ($2,000)  dollars  or  both. 

463.  Destroying  or  concealing  ballot  etc.]  § 17.  If  any  person, 
upon  the  da}"  of  such  election,  or  before  the  canvass  of  votes  is  com- 
pleted, shall  conceal  or  wilfullv"  break  or  destrov’  any  ballot  box  used  or 
intended  to  be  used  at  such  election  ; 

Or  shall  wilfull}"  or  fraudulently  conceal,  secrete  or  remove  any  such 
box  from  the  custody  of  judges  of  election ; 

Or  shall  alter,  deface,  injure,  destro}^  or  conceal  any  ballot  which  has 
been  deposited  in  any  ballot  box  at  such  election,  which  has  not  been 
counted  and  canvassed ; 

Or  poll  list  used  at  such  election ; 

Or  any  report,  return,  certificate,  or  other  evidence  in  this  act  re. 
quired,  as  provided  for ; 


Elections. 


Shall,  on  conviction  thereof,  be  adjudged  guilty  of  a felony,  and  shall 
for  each  and  every  such  olfense  be  punished  by  imprisonment  in  a state 
penitentiary  for  not  less  than  two  nor  more  than  live  years. 

1.  It  is  forgery  to  destroy  a ballot  cast  and  place  another  and  different  one  in  its 
stead;  Kreitz  v.  Behrensuieyer,  125  111.,  169. 

2.  Proof  showing  a changed  ballot,  a forgery  is  shown;  Kreitz  v.  Behrensmeyer, 
125  111.,  169. 

464.  Wilfully  admitting  one  to  registration  etc.]  § 18.  If,  at 

any  election  precinct,  at  any  registration  of  voters  or  revision  thereof, 
or  at  any  election  hereafter  held  in  such  city,  any  judge  of  election  or 
poll  clerk  shall  knowingly  or  wilfully  admit  any  person  to  registration, 
or  make  any  entry  upon  any  register  or  poll  book ; 

Or  receive  any  vote,  or  proceed  with  the  canvass  of  ballots,  or  shall 
consent  thereto,  unless  a majorit}"  of  all  the  judges  of  election  in  said 
election  precinct  are  present  and  concur ; 

He  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a misde- 
meanor and  shall  be  punished  by  imprisonment  in  the  county  jail  for 
not  less  than  thirty  nor  more  than  sixty  days ; or  by  a fine  of  not  less 
than  one  hundred  ($100)  nor  more  than  one  thousand  ($1,000)  dollars, 
or  by  both  fine  and  imprisonment. 

465.  Absence  of  judge.]  § 19.  If  any  judge  of  election,  in  any 
election  precinct,  shall,  without  urgent  necessity,  absent  himself  from 
the  place  of  registration  or  the  polls  in  said  district  upon  any  day  of 
election,  whereby  less  than  a majority  of  all  the  judges  in  such  eleC' 
tion  district  shall  be  present  during  such  hours  of  registration,  election 
or  canvass  of  ballots  ; 

He  shall,  upon  conviction,  be  adjudged  guilty  of  a misdemeanor, 
and  shall  be  punished  by  imprisonment  in  the  county  jail  for  not  less 
than  sixty  days  nor  more  than  six  months ; or  shall  be  fined  not  less 
than  five  hundred  ($500)  nor  more  than  one  thousand  ($1,000)  dollars, 
or  both.  • 

1.  See  § 420. 

466.  Keeping  ballots  behind  box  etc. — electioneering.]  § 20. 

It  shall  be  unlawful  for  any  judge  of  election,  poll  clerk,  challenger, 
or  person  designated,  as  ])rovided  in  this  act,  to  be  present  at  the  can- 
vass of  any  ballots  in  any  precinct,  during  the  election  or  canvass  of 
ballots,  to  have  or  keep  any  ballots  behind  the  boxes,  or  within  the 
polling  place ; 

Or  for  them,  or  any  person  or  persons  within  the  polling  place  to 
electioneer,  distribute  tickets  or  ballots,  or  engage  in  any  political  dis- 
cussion. 

Any  violation  of  this  section  shall  be  a misdemeanor,  and  shall  be 
punished  by  imprisonment  in  the  county  jail  for  not  less  than  ten  nor 
more  than  ninety  days.  Or  by  a fine  of  not  less  than  one  hundred 
($100)  nor  more  than  live  hundred  t$500)  dollars;  or  both. 

467.  Use  of  spirituous  liquors  etc.J  § 21.  Whoever,  during  the 
hours  of  election  in  any  election  precinct  in  such  city; 


Elkctions. 


228 

Or  diii-iiig  tlie  hours  of  registration,  revision  of  registration,  or  can- 
vass of  votes,  or  of  making  retui-n  thereof,  sliall  bring,  take,  order  or 
send  in  to;  or  shall  attempt  to  bring,  take  or  send  in  to  any  place  of 
registration,  or  i-evision  of  registration,  or  of  election,  any  distilled  or 
s])iiitiious  liquors  whatever;  or  shall  at  any  such  time  and  place  drink 
or  })artake  of  such  liquor,  shall  be  deemed  and  held  to  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  according  to  law. 

468.  Irregularities  in  diction  — no  defense.]  §22.  Irregularities 
or  defects  in  the  mode  of  noticing,  convening,  holding  or  conducting 
an  election  authorized  by  law  shall  constitute  no  defense  to  a prosecu- 
tion for  a violation  of  the  ])rovisions  of  this  act. 

469.  Crime,  as  to  question  submitted  — definitions.]  § 23. 
Every  act,  which,  by  the  provisions  of  this  act  or  the  general  election 
laws,  is  made  a crime  when  committed  with  reference  to  the  election  of 
a candidate,  is  equally  criminal  when  committed  with  a reference  to 
the  determination  of  the  question  submitted  to  electors  to  be  decided 
by  votes  cast  at  an  election. 

The  word  “election”,  as  used  in  this  act,  shall  be  construed  to  desig- 
nate elections  had  within  any  city,  or  incorporated  town  adopting  this 
act,  for  the  purpose  of  enabling  electors  to  choose  some  public  officer 
or  officers  under  the  laws  of  this  state  or  the  United  States. 

Or  to  pass  upon  any  amendment,  law  or  other  public  act,  or  propo- 
sition submitted  to  vote  by  law. 

The  word  “householder”,  as  used  in  this  act,  shall  mean  the  chief 
or  head  of  a family,  who  resides  with  the  family  as  a family,  and  who 
supports  and  provides  for  such  family  as  an  independent  family. 

470.  Misdemeanors  — fine  — when  discharged.]  §24.  In  case 
of  misdemeanors  committed,  where  a matter  of  tine  shall  be  imposed 
instead  of  imprisonment,  such  party^  shall  be  discharged  from  imprison- 
ment only  on  condition  of  })ayment  of  the  fine ; 

And,  unless  paid,  his  impiisonment  shall  continue  until  such  fine 
shall  be  canceled  by  an  allowance  of  three  ($3)  dollars  per  day  for  each 
day  of  imprisonment. 

471.  Forfeitures  — how  recovered.]  § 25.  All  forfeitures,  pro- 
vided for  in  this  act,  shall  be  recovered  in  the  name  of  the  board  of 
election  commissioners,  and  shall  be  paid,  when  collected,  in  to  the 
county  treasury. 

472.  Commissioners  to  aid  prosecutions.]  § 26.  It  shall  be  the 
duty  of  such  election  commissioners  to  aid  in  the  prosecution  of  all 
crimes  and  offenses  against  this  act ; 

And,  they^  shall  keep  a book  in  which  shall  be  entered  all  complaints 
against  persons  claimed  to  be  guilty  of  the  violation  of  this  law; 

' And  when,  in  the  judgment  of  such  election  commissioners,  such 
offense  has  probably  been  committed,  it  shall  be  their  duty  to  cause  a 
prosecution  to  be  instituted  in  accordance  with  the  provisions  of  this 
act,  and  cause  the  parties  to  be  punished  accordingly. 


Elections. 


Article  VII.  — Compensation. 

473.  Commissioners’  and  clerks’  fees  — how  paid.]  § 1.  Such 
election  cumiiiissioners  and  the  chief  clerk  of  the  board  of  election  com- 
missioners shall  l)e  paid  by  the  county.  And,  for  the  purpose  of  fixing 
their  fees  and  compensation  the  several  counties  of  this  state  are  di- 
vided into  three  classes,  as  they  are  now  classified  by  law,  as  to  fees 
and  salaries. 

In  counties  of  the  first  class  said  election  commissioners  shall  each 
receive  a salary  of  five  hundred  dollars,  and  said  chief  clerk  a salary  of 
four  hundred  dollars  per  annum. 

In  counties  of  the  second  class  such  election  commissioners  shall  each 
receive  a salary  of  seven  hundred  dollars,  and  such  chief  clerk  a salary 
of  six  hundred  dollars  per  annum. 

In  counties  of  the  third  class,  to  wit : In  Cook  county,  such  election 
commissioners  shall  each  receive  a salary  of  one  thousand  five  hundred 
dollars,  and  such  chief  clerk  a salary  of  two  tliousand  dollars  per  annum. 

All  expenses  incurred  by  said  board  of  election  commissioners  shall 
be  paid  by  such  city. 

Such  salaries  and  expenditures  are  to  be  audited  by  the  county  judge, 
and  such  salaries  shall  be  paid  by  the  county  treasurer  upon  the  war- 
rant of  such  county  judge,  out  of  any  money  in  the  county  treasury  not 
otherwise  appropriated,  and  such  expenditures  shall  be  paid  by  the 
city  treasurer,  upon  the  warrant  of  such  county  judge,  out  of  any 
money  in  the  city  treasury  not  otherwise  appropriated.  It  shall,  also, 
be  the  duty  of  the  governing  authority  of  such  counties  and  cities,  re- 
spectively, to  make  provision  for  the  prompt  payment  of  such  salaries 
and  expenses,  as  the  c^ise  may  be. 

474.  Judges  and  clerks  of  election,  fees.]  § 2.  All  judges  and 
clerks  of  election  and  official  ticket  holders,  under  this  act,  shall  be  al- 
lowed and  paid  at  the  rate  of  three  dollars  per  day.  " . 

475.  Number  of  days  to  be  credited  judges  and  clerks.]  § 3. 
Each  judge  of  election  who  has  performed  all  the  duties  and  services 
required  of  him  by  this  act,  at  the  general  registration  and  at  the  elec- 
tion following,  shall  be  credited  with  four  full  days’  service  and  no 
more,  but  at  any  election  prior  to  which  there  is  only  an  additional  reg- 
istration and  revision,  being  a registration  between  the  general  regis- 
trations, he  shall  be  credited  witli  three  full  days’  service  and  no  more, 
in  case  he  performs  all  the  duties  required  of  him  by  this  act. 

At  the  elections  held  under  this  act,  where  there  is  no  additional 
registration  or  revision  of  registration,  each  judge  or  clerk  of  election 
shall  only  be  credited  with  one  day’s  service  each. 

When  any  judge  or  clerk  does  not  perform  all  the  services  required 
by  this  act,  then  such  board  of  election  commissioners  will  audit  his 
time,  and  shall  allow  him  pro  rata  compensation. 

Each  clerk  of  election,  if  he  has  performed  all  the  services  required 
of  him  by  this  act,  at  the  general  registration  and  at  the  election  fol- 


Ej.kctions. 


:50 


lowin^^,  sliall  be  (Tedited  with  five  days’  service,  and  no  more,  hut  at 
any  election  prior  to  whicli  there  was  only  an  additional  registration 
and  revision,  being  a registration  between  the  general  registrations,  lie 
sliall  be  credited  with  four  full  days’  service  and  no  more,  in  case  he 
jK3i-forms  all  the  duties  reipiired  of  liim  by  this  act. 

476.  When  city  to  pay  judges  and  clerks.]  § 4.  At  all  city  elec- 
tions, general  or  special,  tliougli  other  than  city  officers  may  he  elected 
at  the  same  time  with  such  city  officers,  and  at  all  special  elections  in 
any  part  of  such  city,  at  which  a city  officer  is  elected,  such  city  shall 
pay  such  judges  and  clerks  of  election  for  their  services  under  this  act. 

1.  A statute  requiring  a municipality  to  pay  certain  election  expenses  on  warrant  of 
the  county  judge  does  not  violate  a constitutional  provision  forbidding  the  l^^vy  of 
munici])al  taxes  otherwise  than  by  its  corporate  authorities;  Wetherell  v.  Devine 
116  111.,  6:31. 

477.  When  county  to  pay  judges  and  clerks.]  § 5.  At  all  gen- 
eral county  and  state  elections,  whicli  include  officers  elected  through 
the  whole  county,  though  other  than  state  and  county  officers  are  also 
elected,  and  at  all  exclusively  judicial  elections,  and  at  all  special  elec- 
tions fora  county  or  state  officei*,  or  member  of  congress,  or  member  of 
the  legislature,  such  county  shall  pay  such  judges  and  clerks  of  election 
and  official  ticket  holders  for  their  services  under  this  act. 

478.  Commissioners  to  audit  claims.]  § h.  Said  board  of  elec- 
tion commissioners  shall  audit  all  the  claims  of  judges  and  clerks  of 
election  and  of  official  ticket  holders,  and  shall  draw  a warrant  therefor 
upon  such  city  or  county  treasury  as  the  case  may  be. 

1.  Authority  given  to  the  county  court  to  audit  election  expenses  is  not  an  authority 
to  levy  a tax  to  pay  such  expenses;  in  such  case  the  judge  does  not  provide  means 
for  the  payment  of  his  warrants;  Wetherell  -y.  Devine,  116  111.,  631. 

Article  YIII. — Miscellaneous  Provisions. 

479.  Village  or  town  may  adopt  act.]  § 1.  Whenever  this  act  is 
adopted  by  any  village  or  incorporated  town,  all  its  provisions  shall  be 
applicable  and  operative  except  as  hereinafter  modified. 

480.  Ex  officio  commissioners  of  village,  j § 2.  Whenever  any 
village  or  incorporated  town,  which  lies  within  any  county  in  which  a 
city  exists,  which  may  adopt  this  act,  then  in  such  case  the  commissioners 
of  election  appointed,  or  which  may  be  appointed  for  said  city,  shall  also 
be  ex  officio  commissioners  of  election  for  such  village  or  incorporated 
town,  and  shall  have  and  exercise  the  same  powers  as  if  specially  ap- 
pointed for  such  village  or  town. 

481.  Returns  of  judges  etc.  of  village  or  town.]  §3.  The  quad- 
ruple returns  of  the  judges  and  clerks  of  election  of  such  village  or  in- 
corporated town,  mentioned  in  the  last  section,  in  case  of  a village  or 
town  election  for  any  officer  of  such  village  or  town  shall  be  made  to 
the  same  officer  as  now  required  bv  law,  who  shall  receipt  therefor,  and 
all  such  returns  shall  be  canvassed  by  the  canvassing  board  of  such  vil- 
lage or  town,  as  established  by  law,  with  the  same  iiowers  of  investiga- 


Elections.  231 

tion  and  examination  by  such  board,  as  is  authorized  by  this  act  to  the 
canvassing  board  of  any  such  city. 

482.  Returns  of  village  or  town  election.]  § E The  returns  of 
the  judges  and  clerks  of  election  of  such  village  or  incorporated  towns, 
mentioned  in  the  second  section  of  this  article,  in  case  of  all  other  elec- 
tions therein,  shall  be  made  to  the  same  officers,  as  required  by  this  act, 
of  returns  of  elections  held  in  the  city,  and  such  returns  shall  be  can- 
vassed and  the  result  declared  by  the  same  canvassing  board. 

483.  Oaths — who  may  administer.]  §5.  All  oaths  in  writing, 
provided  for  in  this  act,  must  have  a jurat  or  certificate  of  the  officer 
taking  the  same,  attached  and  signed  by  him,  and  said  election  commis- 
sioners and  said  judges  of  election  are,  hereby,  empowered  to  administer 
all  oaths  and  affirmations  required  in  the  administration  o-<^  the  affairs  of 
their  several  offices. 


Registration  of  Electors. 

An  act  for  the  registry  of  electors  and  to  prevent  fraudulent  voting. 

[Approved  and  in  force  February  15,  1865.  R.  S.,  1874,  cli.  46, 

§135. 

1.  This  statute  does  not  apply  to  elections  held  for  the  purpose  of  deciding  on  the 
removal  of  a county  seat;  Boren  v.  Smith,  47  111.,  482;  Knox  Co. 'll.  Davis,  63  111.,  405. 

484.  Board  of  registration  — meeting— register.]  § 1.  it 

enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the  general 
assemMy,  That  the  persons  authorized  by  law,  or  appointed  pursuant 
to  any  town  or  city  ordinance,  to  act  as  judges  or  inspectors  of  elections 
in  any  town,  city  or  ward,  or  other  election  district  or  precinct  in  this 
state,  shall  constitute  a “board  of  registry”  for  their  respective  towns, 
cities,  wards,  districts  or  precincts,  and  shall  meet  on  Tuesday,  three 
weeks  preceding  any  state  election,  at  nine  o’clock  a.  m.,  and  proceed 
to  make  a list,  as  hereinafter  prescribed,  of  all  persons  qualified  and 
entitled  to  vote  at  the  ensuing  election,  in  the  election  district  of  wdiich 
they  are  judges  or  inspectors;  which  list,  when  completed,  shall  con- 
stitute and  be  known  as  the  “register”  of  electors  of  said  election 
district.  In  election  districts  in  towns  which  lie  wholly  within  the 
limits  of  an  incorporated  city,  a register  of  electors  shall  be  made  for 
all  elections,  whether  general,  special,  local  or  municipal,  in  the  same 
manner,  as  herein  provided,  in  the  case  of  state  elections.  [As  amended 
by  act  approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p. 
160. 

485.  Manner  of  making  register  etc. — first  meeting.]  §2.  Said 
registers  shall  each  contain  a list  of  the  persons  so  qualified  and  entitled 
to  vote  in  said  election  district,  alphabetically  arranged,  according  to 
their  respective  surnames,  so  as  to  show,  in  one  column,  the  name  in 
full  length  and,  in  another  column,  in  cities,  the  residence,  by  the 
number  of  the  dwelling,  if  there  be  a number,  and  the  name  of  the 
street  or  other  location  of  the  dwelling  place  of  each  person.  It  shall 
be  the  duty  of  .said  board  to  enter  in  said  lists  the  names  of  all  persons 


Elections. 


residing  in  tlieir  election  district,  whose  name  appears  on  the  poll  list 
kept  in  said  district  at  the  last  preceding  election  — in  cities  the  num- 
ber of  the  dwelling  and  the  name  of  the  street  or  other  location,  if  the 
same  shall  be  known  to  or  can  be  ascertained  by  such  board  — and  for 
this  purpose  said  board  are  authorized  to  take  from  the  office  in  which 
they  arc  filed  the  poll  lists  made  and  filed  by  the  judges  or  inspectors 
of  such  district,  at  the  election  held  next  prior  to  the  making  of  such 
register.  In  making  said  list,  the  board  shall  enter  thereon,  in  addition 
to  the  names  on  the  poll  list,  the  names  of  all  other  persons  who  are 
well  known  to  them  to  be  electors  in  said  district ; and  the  names  of 
all  persons  on  the  poll  list  who  have  died  or  removed  from  the  district 
shall  be  omitted  from  the  register.  Tlie  said  board  shall  complete,  as 
far  as  practicable,  the  said  register  on  the  day  of  their  meeting,  afore- 
said, and  shall  make  two  copies  thereof,  and  certify  the  register  and 
each  of  the  copies  to  be  a true  list  of  the  voters  in  their  district,  so  far 
as  the  same  are  known.  AVithin  two  days  thereafter,  the  said  original 
list,  together  with  the  list  taken  from  the  office,  as  aforesaid,  shall  be 
filed  by  said  board  in  the  office  of  the  town  clerk  of  the  town  in 
which  said  election  district  may  be ; but,  in  counties  not  adopting  town- 
ship organization  said  list  shall  bo  filed  with  the  judges  or  inspectors 
of  election  of  the  proper  district,  or  if  such  election  district  is  in  a city, 
then  it  shall  be  filed  in  the  office  of  the  city  clerk  of  said  city.  And, 
one  copy  of  said  list  shall  be  kept  by  one  of  said  judges  or  inspectors 
and  carefully  preserved  by  him  for  their  use  on  the  day  or  days,  herein- 
after mentioned,  for  the  revision  and  correction  of  the  same.  One 
copy  of  said  list  shall,  immediately  after  its  completion,  be  posted  in 
some  conspicuous  place  where  the  last  preceding  election  in  said  district 
was  held,  and  be  accessible  to  any  elector  who  may  desire  to  examine 
the  same  or  make  copies  thereof.  Any  person  who  shall  take  down, 
tear  down,  or  deface  any  list,  so  posted,  shall  be  deemed  guilty  of  mis- 
demeanor, and  shall  be  punished  by  a fine  of  $50,  or  by  imprisonment 
in  the  county  jail  for  the  term  of  sixty  days,  or  by  both  fine  and  im- 
prisonment. [As  amended  by  act  approved  March  27,  1874.  In  force 
July  1,1874.  L.  1873-4,  p.  96. 

486.  New  election  districts.]  § 3.  In  case  a new  election  district 
shall  be  formed  by  the  organization  of  a new  town,  or  by  the  division 
of  any  town  or  ward,  or  the  incorporation  of  a city  or  town,  the  judges 
or  inspectors  of  the  election  in  the  new  district,  thus  formed,  may  make 
their  registry  of  electors,  on  the  day  prescribed  by  this  act,  in  such  man- 
ner as  a majority  of  them  may  direct  and,  for  that  purpose,  may  make 
a list,  or  cause  to  be  made  a certified  copy  of  the  poll  list  or  lists  of  the 
district  in  which  such  new  district  is  situated,  or  they  may  dispense 
with  such  list  or  lists,  and  proceed  to  make  a register  of  electors,  from 
the  best  means  at  their  command.  Said  lists  shall  only  embrace  the 
names  of  such  persons  as  are  known  to  them  to  be  electors  in  their  dis- 
trict, and  shall  be  posted  up,  and  copies  thereof  made,  as  prescribed  in 
the  preceding  section,  and  shall  be  corrected  in  the  same  manner  that 
other  lists  are  corrected. 


Election's. 


233 


487.  Revision  of  register  — second  meeting.]  § 4.  The  said 
board  shall  again  meet  on  Tuesday  of  the  week  preceding  the  said  elec- 
tions, in  their  respective  election  districts,  at  the  place  designated  for 
holding  the  polls  of  the  election,  for  the  purpose  of  revising,  correct- 
ing and  completing  said  lists;  and,  for  this  purpose,  in  cities,  they  shall 
meet  at  eight  o’clock  in  the  morning,  and  remain  in  session  until  nine 
o’clock  p.  M.,  and  in  other  districts  they  shall  meet  at  nine  o’clock  in  the 
morning,  and  remain  in  session  until  four  o’clock  p.  m.  [As  amended 
by  act  approved  March  27,  1874.  In  force  July  1,  1874.  L.  1873-4, 
p.  97. 

488.  Proceedings  — corrections  etc.]  § 5.  The  proceedings  of 
said  board  shall  be  open,  and  all  persons  residing  and  entitled  to  vote 
in  said  district  shall  be  entitled  to  be  heard  by  said  board,  in  relation 
to  corrections  or  additions  to  said  register.  One  of  the  lists  so  kept  by 
the  judges  or  inspectors,  as  aforesaid,  shall  be  used  by  them,  on  the 
day  or  days  of  making  corrections  or  additions,  for  the  purpose  of  com- 
pleting the  registry  for  such  district. 

489.  Revising  register — addition  of  new  names.]  § 6.  It  shall 
be  the  duty  of  said  boai’d,  at  their  meeting  for  revising  and  correcting 
said  lists,  to  erase  therefrom  the  name  of  any  person  inserted  therein, 
who  shall  be  proved  by  the  oath  of  two  legal  voters  of  said  district,  to 
the  satisfaction  of  said  board,  to  be  non  resident  of  said  district,  or 
otherwise  not  entitled  to  vote,  in  said  district,  at  the  election  then  next 
to  be  held.  Any  elector  residing  in  said  district,  and  entitled  to  vote 
therein,  may  appear  before  said  board,  and  recjuire  his  name  to  be  re- 
corded on  said  alphabetical  list.  Any  person  so  requiring  his  name  to 
be  so  entered  on  said  list,  shall  make  the  same  statement  as  to  the  street 
and  number  thereof,  and  where  he  resides,  required  by  the  provisions  of 
this  act  of  persons  offering  their  votes  at  elections,  and  shall  be  subject 
to  the  same  penalties  for  refusing  to  give  such  information,  or  for 
falseh^  giving  the  same,  and  shall  also  be  subject  to  challenge,  either  by 
the  judges  or  inspectors,  or  either  of  them,  or  by  any  other  elector 
whose  name  appears  on  said  alj)habetical  list;  and,  the  same  oaths  may 
be  adtninistered  by  the  judges  or  inspectors  as  now  provided  in  case 
of  persons  offering  to  vt)te  at  an  election  ; and  in  case  no  challenge  is 
made  of  any  person  requiring  his  name  to  be  entered  on  said  alphabeti- 
cal list,  or  in  case  of  challenge,  if  such  person  shall  make  oath  that 
would  entitle  him  to  vote  in  case  of  challenge  at  an  election,  then  the 
name  of  any  such  person  shall  be  added  to  the  alphabetical  poll  list  of 
the  last  preceding  year. 

490.  Copies  of  register  — filing  — deliver  to  judges  — voting  — 
swearing  in  vote  etc.]  § 7.  After  said  lists  shall  have  been  fully 
completed,  the  said  board  shall,  within  three  days  thereafter,  cause  two 
copies  of  the  same  to  be  made,  each  of  which  shall  be  certified  by  them  to 
be  a correct  list  of  the  voters  of  their  district ; one  of  which  shall  be  filed 
in  the  office  of  the  town  clerk  of  towns,  and  in  the  office  of  city  clerks 
of  cities ; and  one  of  which  copies,  shall  be  delivered  to  said  judges  or 
inspectors.  It  shall  be  the  duty  of  the  said  judges  or  inspectors,  so 

30 


234 


Elections. 


receiving  such  list,  carefully  to  ])reserve  the  said  list  for  their  use  on 
election  day,  and  to  designate  two  of  their  number,  at  the  opening  of 
the  ])olls,  to  check  the  name  of  every  voter  voting  in  such  district  whose 
name  is  on  the  register.  No  vote  shall  be  received  at  any  state  election 
in  this  state,  if  the  name  of  the  person  offering  to  vote  be  not  on  the 
said  register  made  on  the  Tuesday  preceding  the  election,  unless  the 
person  offering  to  vote  shall  furnish  to  the  judges  of  the  election  his  affi- 
davit, in  writing,  stating  therein  that  he  is  an  inhabitant  of  said  district, 
and  entitled  to  vote  therein  at  such  election,  and  prove  by  the  oath  of  a 
liouseholder  and  registered  voter  of  the  district  in  which  he  offers  to 
vote,  that  he  knows  such  person  to  be  an  inhabitant  of  the  district,  and 
if  in  any  city,  giving  the  residence  of  such  person  within  said  district. 
The  oath  may  be  administered  by  one  of  the  judges  or  inspectors  of 
the  election,  at  the  poll  where  the  vote  shall  be  offered,  or  by  any 
other  person  authorized  to  administer  oaths ; but,  no  person  shall  be 
authorized  to  receive  compensation  for  administering  the  oath.  Said 
oath  shall  be  preserved,  and  filed  in  the  office  of  the  town  or  city  clerk, 
or,  in  case  there  be  no  clerk,  then  said  oath  shall  be  filed  with  and  pre- 
served by  the  judges  or  inspectors  of  the  proper  district.  Any  person 
may  be  challenged,  and  the  same  oaths  shall  be  put  as  now  are  or  here- 
after may  be  prescribed  by  law.  [As  amended  by  act  approved  March 
27,  187T  In  force  July  1,  1874.  L.  1873-4,  p.  97. 

1.  An  action  will  not  lie  against  the  judges  of  election  for  refusing  the  vote  of  a 
person  who  was  not  a registered  voter  and  who  has  failed  to  comply  with  the  require- 
ments of  this  section.  The  fact  that  the  refusal  to  accept  the  vote  was  placed  on 
some  untenable  ground  will  not  change  the  liability;  Byler  v.  Asher,  47  111.,  101. 

2.  Under  this  section  one  who  has  not  been  registered  as  a voter  must  not  only  show, 
by  his  own  affidavit,  that  he  was  an  inhabitant  of  the  district  in  which  he  offers  his 
vote,  but  he  must,  also,  establish  such  fact  by  the  affidavit  of  a “householder  and 
registered  voter”  of  such  district;  Byler  v.  Asher,  47  111.,  101;  DuPage  Co.  v.  People, 
65  111.,  360. 

491.  Entry  on  register  by  clerks  — non  registered  voter  — 
penalty.]  § 8.  The  clerks  at  each  poll,  in  addition  to  the  duties  now 
prescribed  by  law,  shall  enter  on  the  poll  list  kept  by  them,  in  columns 
prepared  for  that  purpose,  opposite  the  name  of  each  person  voting, 
the  same  statement  or  minute  as  hereinbefore  required  of  the  board  in 
making  the  registry ; but,  such  entry  is  not  to  be  made  by  them  if  the 
registry  contains  correctly  the  natne  and  residence  of  such  voter;  and 
in  all  cases  said  clerk  shall  enter  in  a column  opposite  the  name  of  each 
person  not  registered,  the  words  “not  registered”.  In  cities,  every 
elector,  at  the  time  of  offering  his  vote,  shall  truly  state  the  street  in 
which  he  resides,  and  if  the  house,  lodging  or  tenement  in  which  he 
resides  is  numbered,  the  number  thereof.  And,  the  clerks  of  the  polls, 
in  case  the  name  of  such  elector  is  not  registered,  shall  truly  enter  in 
the  appropriate  column  of  the  poll  list,  opposite  the  name  of  the 
elector,  the  street  in  which  the  elector  resides,  and  the  number,  in  case 
the  house,  lodging  or  tenement  is  numbered;  and  if  the  same  is  not 
numbered,  then  the  clerk  shall  enter  “ not  numbered  ” in  the  column 
of  the  poll  list  for  entering  the  number.  In  case  of  refusal  to  make 


Election's. 


235 


the  statement  as  aforesaid,  the  vote  of  siicli  an  elector  shall  not  be 
received.  Any  person  who  shall  wilfully  make  any  false  statement  in 
relation  thereto,  shall  be  deemed  guilty  of  misdemeanor  and  shall, 
upon  conviction,  be  punished  with  a fine  of  $50,  or  by  imprisonment 
in  the  county  jail  in  the  county  for  a period  of  ten  days,  or  by  both 
such  fine  and  imprisonment. 

1.  Where  one  votes,  at  an  election,  without  having-  been  registered  and  without 
any  proof  of  right,  if  it  shall  not  appear  that  he  was  challenged  or  that  any  objection 
was  made  to  his  voting,  the  presumption  must  be  that  he  was  a legal  voter  and  was 
known  to  be  such  to  the  judges  of  election;  Dale  v.  Irwin,  78  111.,  170;  Kuykendall  •«. 
Darker,  89  111.,  126. 

492.  Poll  list  and  register  to  be  filed.]  § 9.  After  the  canvass  of 
the  votes,  one  of  said  poll  lists  and  said  register  so  kept  and  checked, 
as  aforesaid,  shall  be  attached  together,  and  shall,  on  the  following  day, 
be  filed  in  the  town  or  city  clerk's  office  (as  the  case  may  be)  in  which 
said  district  may  be,  or  in  case  there  be  no  such  clerk,  then  such  poll 
lists  and  register  shall  be  filed  with  and  preserved  by  the  judges  or  in- 
spectors, to  be  used  by  the  board  of  registry  in  making  the  list  of  voters 
at  the  next  state  election  ; the  other  of  said  poll  lists  and  registers,  so 
kept  and  checked,  shall  be  returned  to  the  office  of  the  county  clerk  in 
the  county  in  which  said  district  may  be,  at  the  same  time  the  returns 
of  the  election  are  made.  [As  amended  by  act  approved  March  27, 
1874.  In  force  July  1,  1874.  L.  1873-4,  p.  97. 

493.  Repealed.]  Section  10  is  repealed  by  act  March  27,  1874. 

494.  Registers  open  to  inspection.]  § 11.  The  registers  shall  at 
all  times  be  open  to  public  inspection,  at  the  office  of  the  authorities  in 
which  they  shall  be  deposited,  without  charge. 

495.  Compensation.)  § 12.  That  the  members  of  the  board  of 
registration  shall  each  receive  two  dollars  per  day  for  each  day  actually 
employed  in  the  making  and  completion  of  the  registry,  not  exceeding 
two  days,  to  be  paid  to  them  at  the  time  and  in  the  manner  in  which 
they  are  paid  their  other  fees.  [As  amended  bv  act  approved  March 
27,  1874.  In  force  July  1,  1874.  L.  1873-4,  p.  98. 

496.  Preserving  order.]  § 13.  The  said  board  shall  have  and  ex- 
ercise the  same  power  in  preserving  order  at  their  meetings,  under  this 
act,  as  are  given  to  judges  or  inspectors  of  elections  for  preserving  or- 
der on  election  days ; and  vacancies  in  said  board  shall  be  filled  in  the 
same  manner  that  vacancies  are  now  filled  at  elections. 

497.  Fraudulent  registration,  false  swearing  etc.]  § 14.  Any 
person  who  shall  cause  his  name  to  be  registered  in  more  than  one  elec- 
tion district,  or  who  shall  cause  his  name  to  be  registered,  knowing 
that  he  is  not  a qualified  voter  in  the  district  where  said  registry^  is 
made,  or  who  shall  falsely  personate  any  registered  voter,  and  any  per- 
son causing,  aiding  or  abetting  any  person,  in  any  manner,  in  either  of 
said  acts,  shall  be  punished,  for  ench  and  every  offense,  by  itnprison- 
ment  in  the  state  prison  for  not  less  than  one  year.  All  intentional 
false  swearing  before  said  board  of  .registration  shall  be  deemed  wilful 
and  corrupt  perjury,  and,  on  conviction,  punished  as  such.  If  any  mem- 


230 


Elections. 


ber  or  officer  of  said  board  shall  wilfully  violate  any  of  the  provisions 
of  this  act,  or  be  guilty  of  any  fraud  in  the  execution  of  the  duties  of 
his  office,  he  shall  be  punished  for  each  and  every  otfense,  by  imprison- 
ment in  the  state  prison  for  not  less  than  one  year. 

498.  Repealed.]  Sections  15  and  16  are  repealed  by  implication, 
the  acts  to  which  they  refer  being  repealed.  Section  17  was  only  of 
temporary  effect. 

499.  Blanks  to  be  furnished.]  § 18.  The  necessary  blanks  for  mak- 
ing the  registers  required  by  law,  shall  be  prepared  by  the  secretary 
of  state,  and  transmitted  to  the  persons  entitled  to  receive  them,  in  the 
same  manner  that  blank  returns  of  elections  are  now  transmitted. 

500.  Repealed.]  Section  19  is  repealed  by  implication,  the  act  to 
which  it  refers  being  repealed. 

Notice  of  Election. 

An  act  in  regard  to  elections  and  to  provide  for  filling  vacancies  in 

elective  offices.  [Approved  April  3,  1872.  In  force  July  1,  1872. 

L.,  1871-2,  p.  380;  K.  S.,  1874,  ch.  46. 

501.  Manner  of  giving  notice.]  § 46.  At  least  thirty  days  pre- 
vious to  any  general  election,  and  at  least  twenty  days  previous  to  any 
special  election,  except  in  cases  otherwise  provided  for,  the  county  clerk, 
in  counties  not  under  township  organization,  shall  make  out  and  de- 
liver to  the  sheriff  of  his  county,  or  in  counties  under  township  or- 
ganization to  the  several  supervisors  of  his  county,  three  notices  thereof 
for  each  precinct  or  district  in  which  the  election  in  such  county  is  to 
be  held.  The  notice  may  be  substantially  as  follows : 

Notice  is  hereby  given,  that  on  (give  the  date),  at  (give  the  place  of  holding  the 
election  and  the  name  of  the  precinct  or  district),  in  the  county  of  (name  of  county), 
an  election  will  be  held  for  (give  the  title  of  the  several  offices  to  be  filled),  which 
election  will  be  opened  at  eight  o’clock  in  the  morning  and  continue  open  until  seven 
o’clock  in  the  afternoon  of  that  day. 

Dated  at this  . . day  of in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  A B,  County  Clerk, 

502.  Sheriff  or  supervisor  to  post.]  § 47.  The  said  sheriff  or  su- 
pervisor to  whom  the  notices  are  delivered  shall  post  up,  in  three  of  the 
most  public  places  in  each  precinct  or  district,  the  three  notices  therefor  at 
least  fifteen  days  before  the  time  of  holding  a general  election,  and  at 
least  eight  days  before  the  time  of  holding  a special  election. 

503.  Time  of  opening  and  closing  polls.]  § 48.  The  polls  shall 
be  opened  at  the  hour  of  eight  o’clock  in  the  morning  and  continued 
open  until  seven  o’clock  in  the  afternoon  of  the  same  day,  at  which 
time  the  polls  shall  be  closed  ; but,  if  the  judges  shall  not  attend  at  the 
hour  of  eight  o’clock  in  the  morning,  or  if  it  shall  be  necessary  for  the 
electors  present  to  appoint  judges  to  conduct  the  election,  as  hereinbe- 
fore prescribed,  the  polls  may,  in  that  case,  be  opened  at  any  hour  be- 
fore the  time  for  closing  the  same  shall  arrive,  as  the  case  may  require. 

504.  Proclamation.]  § 49.  Upon  opening  the  polls  one  of  the 
clerks  or  judges  of  election  shall  make  proclamation  of  the  same,  and 


Elections. 


237 


at  least  thirty  minutes  before  the  closing  of  tlie  polls  proclamation  shall 
be  made,  in  like  manner,  that  the  polls  will  be  closed  in  half  an  hour. 

505.  Ballot  box  publicly  exhibited  etc.  — locked  — keys.]  § 50. 
Before  any  ballot  shall  be  deposited  in  the  ballot  box,  the  ballot  box 
shall  be  publicly  opened  and  exhibited,  and  the  judges  and  clerks  shall 
see  that  no  ballot  is  in  such  box  ; after  which  the  box  shall  be  locked 
and  the  key  delivered  to  one  of  the  judges,  and  shall  not  be  again  opened 
until  the  close  of  the  polls. 

506.  Poll  lists — how  kept.]  § 51.  Each  clerk  of  the  election  shall 
keep  a poll  lit^t,  which  shall  contain  a column  headed  ‘‘number”,  and 
another  headed  “ names  of  voters”.  The  name  of  each  elector  voting 
shall  be  entered  upon  each  of  the  poll  books  by  the  clerks,  in  regular  suc- 
cession, under  the  proper  headings,  and  the  number  of  such  voter  placed 
opposite  his  name  in  the  column  headed  “ number”. 

507.  Ballots.]  § 52.  The  manner  of  voting  shall  be  by  ballot.  The 
ballot  shall  be  printed  or  written,  or  partly  printed  and  partly  written, 
upon  plain  paper,  with  the  name  of  each  candidate  voted  for,  and  the 
title  of  the  offices.  When  the  ballot  is  printed,  the  same  shall  be  printed 
upon  plain  paper,  in  plain  type,  in  straight  lines,  with  a blank  space 
below  each  name,  of  a width  not  less  than  equal  to  the  width  of  the  line 
in  which  the  name  is  printed. 

508.  Form  of  ballot.  | § 53.  The  names  of  all  candidates  for  which 

the  elector  intends  to  vote  shall  be  written  or  printed  upon  the  same 
ballot,  and  the  office  to  which  he  desires  each  to  be  elected  shall  be  desig- 
nated upon  the  ballot. 

509.  Form  of  cumulative  ballot.]  §54.  In  voting  for  representa- 
tives to  the  general  assembly,  if  the  voter  intends  to  give  more  than 
one  vote  to  any  candidate,  he  shall  express  his  intention  on  the  face  of 
the  ballot,  in  words  or  figures,  which  may  be  done  in  either  of  the  fol- 
lowing lorms : A B,  C D,  E F,  which  shall  be  held  to  mean  one  vote 
for  each  candidate  named;  or  A B 1 1-2  votes,  GDI  1-2  votes;  or 
A B 2 votes,  GDI  vote ; or  A B 3 votes. 

510.  Manner  of  receiving  and  depositing  ballot.]  § 55.  The 
ballot  shall  be  folded  by  the  voter  and  delivered  to  one  of  the  judges 
of  election;  and  if  the  judges  be  satisfied  that  the  person  offering  the 
vote  is  a legal  voter,  the  clerks  of  election  shall  enter  the  name  of  the 
voter,  and  his  number,  under  the  proper  heading  in  the  poll  book,  and 
the  judges  shall  indorse  on  the  back  of  the  ticket  offered  the  number 
corresponding  with  the  number  of  the  voter  on  the  poll  books,  and 
shall  immediately  put  the  ticket  in  to  the  ballot  box. 

511.  No  adjournment  or  recess.]  § 56.  After  the  opening  of  the 
polls  no  adjournment  shall  be  had,  nor  shall  any  recess  be  taken,  until  all 
the  votes  cast  at  such  election  shall  have  been  counted  and  the  result 
publicly  announced. 

1.  An  adjournment  by  tbe  judges  for  one  hour,  for  dinner,  no  fraud  or  loss  of  votes 
being  shown  to  have  resulted,  was  held  to  afford  no  ground  for  rejecting  the  entire 
vote  of  a township;  DuPage  Co,  v.  People,  65  111.,  360. 


Elections. 


238 


512.  Canvass  of  votes.]  §57.  Immediately  upon  closing  the  polls 
the  judges  shall  proceed  to  canvass  the  votes  polled.  They  shall  first 
count  the  whole  number  of  ballots  in  the  box.  If  two  or  more  ballots 
are  folded  together  so  as  to  appear  to  have  been  cast  by  the  same  per- 
son, all  the  ballots  so  folded  together  shall  be  marked  and  returned 
with  the  other  l)allots  in  the  same  condition,  as  near  as  may  be,  in  which 
they  were  found  when  first  opened,  but  shall  not  be  counted.  If  the 
remaining  ballots  shall  be  found  to  exceed  the  number  of  names  en- 
tered on  each  of  the  poll  lists,  they  shall  reject  the  ballots,  if  any  be 
found  upon  which  no  number  is  marked  ; if  the  number  of  ballots 
still  exceeds  the  number  of  names  entered  on  each  of  the  poll  lists,  said 
ballots  shall  be  replaced  in  the  box,  and  the  box  closed  and  well  shaken 
and  again  opened  and  one  of  the  judges  shall  publicly  draw  out  and 
destroy  so  many  ballots  unopened  as  shall  be  equal  to  such  excess  ; and 
the  number  of  the  ballots  agreeing  with  the  poll  lists,  or  being  made 
to  agree,  the  board  shall  then  proceed  to  count  and  estimate  and  pub- 
lish the  votes;  and  when  the  judges  of  election  shall  open  and  read 
the  tickets,  each  clerk  shall  carefully  and  correctly  mark  down  upon  the 
tally  list  the  votes  each  candidate  has  received,  in  a separate  column 
prepared  for  that  purpose,  with  the  name  of  such  candidate  at  the  head 
of  such  column,  and  the  office  designated  by  the  votes  such  candidate 
shall  fill.  The  votes  shall  be  canvassed  in  the  room  or  place  where  the 
election  is  held,  and  the  judges  shall  not  allow  the  ballot  box,  or  any  of 
the  ballots,  or  either  of  the  poll  lists,  or  either  of  the  tally  papers  to 
be  removed  or  carried  away  from  such  room  or  place,  until  the  canvass 
of  the  votes  is  completed,  and  the  returns  carefully  enveloped  and 
sealed  up  as  provided  by  law.  [As  amended  by  act  approved  June  22, 
1885.  In  force  July  1,  1885.  L.,  1885,  p.  195. 

1,  Votes  shown  by  a return,  the  poll  hooks  returned  to  county  clerk  and  secretary 
of  state  not  having  the  statutory  certificate,  should  be  rejected  by  the  canvassing 
board  and  a result  declared  on  returns  conforming  to  statute;  Lawrence  Co.  v. 
Schmaulhausen,  123  111.,  328. 


Contesting  Elections. 

513.  When  legislature  to  hear.]  § 9J.  The  legislature,  in  joint 
meeting,  shall  hear  and  determine  cases  of  contested  elections  of 
governor  and  lieutenant  governor,  secretary  of  state,  auditor  of  public 
accounts,  treasurer,  superintendent  of  public  instruction,  and  attorney 
general.  The  meeting  of  the  two  houses,  to  decide  upon  such  election, 
shall  be  held  in  the  hall  of  the  house  of  representatives,  and  the 
speaker  of  the  house  shall  preside. 

514.  Senators  and  representatives.]  § 95.  The  senate  and  house 
of  representatives  shall  severally  hear  and  determine  contests  of  the 
election  of  their  respective  members. 

515.  By  supreme  court.]  § 90.  The  supreme  court  shall  hear  and 
determine  contests  of  the  election  of  judges  of  the  supreme  court, 
clerks  of  the  supreme  court,  judges  of  the  circuit  court,  judges  of  the 
superior  court  of  Cook  county,  members  of  the  state  board  of  equaliza- 


Elections.  239 

tion  ; but,  no  judi;e  of  the  supreme  court  shall  sit  uyjon  the  hearing 
of  any  case  in  which  he  is  a party. 

516.  By  circuit  court.]  ^ 97.  The  circuit  courts  of  the  respective 
counties  shall  hear  and  determine  contests  of  the  election  of  the  judges 
of  the  county  court  of  their  counties,  and  in  regard  to  the  removal  of 
county  seats,  and  in  regard  to  any  other  subject  which  may,  by  law,  he 
submitted  to  the  vote  of  the  people  of  the  county. 

517.  By  county  court.]  § 98.  The  county  court  shall  hear  and 
determine  contests  of  election  of  all  other  county,  township  and  precinct 
officers,  and  all  other  officers  for  the  contesting  of  whose  election  no 
provision  is  made. 

1.  When  the  law  provides  a mode  for  contesting  an  election  that  mode  must  be 
followed;  Dickey  v.  Reed,  78  111.,  262. 

2.  Proceeding  to  contest  an  election  is  not  an  action  at  law;  Kreitz  v.  Behrensmeyer, 
125  111.,  169. 

3.  A contest  is  given  for  the  purpose  of  ascertaining  how  many  votes  were  cast  for 
or  against  a candidate  or  measure;  Lawrence  Co.  v.  Schmaulhausen,  123  111.,  328. 

4.  Circuit  court,  in  chancery,  has  no  jurisdiction  of  contest  of  election  of  a city 
mayor;  Jennings  v.  Joyce,  116  111.,  79;  Moore  v.  Hoisington,  31  111.,  243. 

5.  A bill  in  chancery  will  not  lie  to  inquire  into  the  validity  of  elections.  Juris- 
diction is  not  conferred,  in  equity,  by  the  omission  of  a particular  case  from  the 
general  law  on  the  subject  of  contested  election;  Moore  v.  Hoisington,  31  111.,  243. 

6.  Quo  warranto  does  not  lie  to  contest  an  election  as  school  trustee;  Simons  v. 
People,  18  App.,  588. 

7.  County  court  has  jurisdiction  of  contest  of  election  of  county  officers,  cogniza- 
ble only  at  a probate  term;  Kreitz  v.  Behrensmeyer,  125  111.,  169. 

518.  Election  of  state  officers  — petition  of  contestant.] 

§ y9.  When  any  elector  shall  desire  to  contest  the  election  of  governor, 
lieutenant  governor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  superintendent  of  public  instruction,  or  attorney  general,  he 
shall,  within  ten  days  after  the  result  of  the  election  shall  have  been 
determined,  present  a petition  to  the  general  assembly,  setting  forth 
the  points  on  which  he  will  contest  such  election,-  and  praying  for  leave 
to  produce  his  proof. 

519.  Joint  committee  to  take  testimony.]  § 100.  The  general 
assembly  shall  appoint  a joint  committee  to  take  the  testimony  on  the 
part  of  the  petitioner,  and  the  person  whose  place  is  contested. 

520.  Powers  of  joint  committee.]  § 101.  The  committee  so  ap- 
pointed shall  have  power  to  send  for  witnesses,  and  compel  the  attend- 
ance of  witnesses  and  the  production  of  papers,  issue  commissions, 
under  the  hand  of  its  chairman,  to  any  officer,  authorized  to  take  de- 
positions in  other  cases,  to  take  the  deposition  of  witnesses  upon  the 
points  set  forth  in  the  petition,  at  such  time  and  place  as  the  commis- 
sion shall  direct. 

521.  Notice  to  take  deposition.]  § 1U2.  Keasonable  notice  shall 
be  given  by  the  party  in  whose  favor  the  deposition  is  to  be  taken,  to 
the  opposite  party,  of  the  time  and  place  of  taking  the  same. 

522.  Testimony.]  §103.  ^^o  testimony  shall  be  taken  except  upon 
the  points  set  forth  in  the  petition. 

523.  Report  of  committee  — hearing  — decision.]  § 104.  The 
committee  shall  report  the  facts  to  the  house,  and  a day  shall  be  fixed  by 


240 


Elections. 


a joint  resolution  for  tlie  meeting  of  tlie  two  nouses  to  decide  upon  the 
same,  in  wliicli  decision  the  jeas  and  nays  shall  be  taken  and  entered 
upon  the  joui’iial. 

524.  Who  may  contest  senator  or  representative.]  § 105.  The 

election  of  any  member  declared  duly  elected  to  a seat  in  the  senate  or 
house  of  representatives  of  the  general  assembly,  may  l)e  contested  by 
any  cpialitied  voter  of  the  county  or  district  to  be  represented  by  such 
senator  or  representative. 

525.  Notice  of  contest.]  § 106.  The  contestant  shall,  within  thirty 
days  after  the  result  of  the  election  shall  have  been  determined,  serve 
on  the  person  whose  election  he  will  contest,  a notice  of  his  intention 
to  contest  such  election,  expressing  the  points  on  which  the  same  will 
be  contested  ; and  shall,  also,  on  or  before  the  next  session  of  the 
general  assembly,  deliver  a copy  of  such  notice  to  the  secretary  of  state. 
In  case  the  person  whose  election  is  contested  is  absent,  or  can  not  be 
found,  service  may  be  had  by  leaving  a copy  of  such  notice  at  his 
usual  place  of  residence. 

526.  Testimony  — how  taken.]  § 107.  Whenever  a notice  shall 
have  been  given  of  intention  to  contest  an  election,  as  provided  in  the 
preceding  section,  either  party  may  proceed  to  take  testimony  of  any 
witness  before  any  judge,  justice  of  the  peace,  clerk  of  a court,  master 
in  chancery,  or  notary  public,  on  giving  to  the  adverse  party  or  his 
attorney,  ton  days’  notice  of  the  time  and  place  of  taking  the  same,  and 
one  day  in  addition  thereto  (Sunday  inclusive)  for  every  fifty  miles’ 
travel  from  the  place  of  residence  of  such  party  to  the  place  where 
such  deposition  is  to  be  taken.  If  the  party  entitled  to  notice  resides 
in  the  county  where  the  deposition  is  t(5  be  taken,  five  days’  notice 
shall  be  sufficient. 

527.  Power  of  officer  taking  testimony.]  § 108.  The  officer  before 
whoiii  depositions  are  taken  shall  have  power  to  compel  the  production 
of  papers,  and  the  attendance  of  witnesses;  and  the  same  proceedings 
may  be  had  to  compel  the  attendance  of  witnesses,  as  are  provided  in 
the  cases  of  taking  depositions  to  be  used  in  courts  of  law  and  equitv. 

528.  Depositions  etc.  to  be  sent  to  secretary  of  state.]  § 109. 
A copy  of  the  notice  to  take  depositions,  with  proof  of  the  service 
thereof,  with  the  deposition,  shall  be  sealed  np  and  transmitted  by 
mail,  or  otherwise,  to  the  secretary  of  state,  with  an  indorsement 
thereon,  showing  the  names  of  the  contesting  parties,  the  office  con- 
tested, and  the  nature  of  the  papers. 

529.  Delivery  of  notice  of  contest  etc. — duty  of  presiding  officer.] 
§110.  The  secretary  of  state  shall  deliver  the  copy  of  the  notice 
deposited  with  him  by  the  contestant,  and  the  depositions  unopened,  to 
the  presiding  officer  of  the  branch  of  the  general  assembly  to  which 
the  contest  relates,  on  or  before  the  second  day  of  its  session  next  after 
the  receipt  of  the  same;  and  the  presiding  officer  shall  immediately 
give  notice  to  his  house  that  such  ]>apers  are  in  his  possession. 

530.  Rights  of  either  house  saved.]  § 111.  Nothing  herein  con- 
tained shall  be  construed  to  abridge  the  right  of  either  branch  of  the 


Elections.  241 

general  assembly  to  grant  commissions  to  take  depositions,  or  to  send 
for  and  examine  any  witnesses  it  may  desire  to  hear  on  such  trial. 

531.  Who  may  contest  election  of  other  officers.]  § 112.  The 
election  of  any  person  declared  elected  to  any  othce  other  than  gover- 
nor, lieutenant  governor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  superintendent  of  public  instruction,  attorney  general,  senator 
or  representative,  may  be  contested  by  any  elector  of  the  state,  judicial 
division,  district,  county,  town,  or  precinct  in  and  for  which  the  person 
is  declared  elected. 

532.  Contestant  to  file  statement  etc.]  § 113.  The  person  desir- 
ing to  contest  such  election  shall,  within  thirty  days  after  the  person 
whose  election  is  contested  is  declared  elected,  file  with  the  clerk  of  the 
proper  court  a statement,  in  writing,  setting  forth  the  points  on  which 
he  will  contest  the  election,  which  statement  shall  be  verified  by  affi- 
davit in  the  same  manner  as  bills  in  chancery  may  be  verified. 

1.  Petition  to  contest  election  of  a county  officer,  for  miscount  of  ballots,  need  not 
name  the  persons  whose  ballots  are  claimed  to  have  been  improperly  counted;  Kreitz 
V.  Behrensmeyer,  125  111.,  169. 

2.  Contest  as  to  a town  office;  the  petition  should  aver  that  petitioner  was  an  elector 
of  the  town  or  be  fatally  defective  on  demurrer;  it  is  not  enough  to  aver  citizenship 
and  residence;  Blanck  v.  Pausch,  113  111.,  63. 

533.  Summons.]  § 114.  Upon  the  filing  of  such  statement,  sum- 
mons shall  issue  against  the  person  whose  office  is  contested,  and  he 
may  be  served  with  process,  or  notified  to  appear,  in  the  same  manner 
as  is  provided  in  cases  in  chancery. 

1.  Answer  of  respondent  does  not  call  for  so  great  particularity  as  is  required  in 
petition  on  contest;  Kreitz  v.  Behrensmeyer,  125  111.,  169. 

2.  Contestee’s  answer  can  not  be  required  to  state  a fact  which  he  can  not  know 
until  a recount  of  ballots  is  had  — as  that  on  the  recount  a ballot  is  missing  which  a 
voter  voted  and  was  numbered  as  on  the  poll  book;  Kreitz  v.  Behrensmeyer,  125  111., 
169. 

3.  An  admission  which  is  for  the  mere  purpose  of  dispensing  with  preliminary 
proof  to  authorize  a recount  of  ballots  does  not  preclude  the  adverse  party  from  show- 
ing forgery  or  non  genuineness  of  the  ballots  recounted;  Kreitz  v.  Behrensmeyer,  125 
111.,  169. 

4.  Allegation  in  answer  that  in  addition  to  the  illegal  votes  named,  ten  illegal 
votes  were  counted  for  contestant  is  objectionably  indefinite;  Kreitz  v.  Behrensmeyer, 
125  111.,  169. 

5.  Petitioner  alleging  his  election;  respondent  denying  the  fact  may  show  that  per- 
sons who  voted  for  contestant  — not  named  in  answer  — were  not  legal  voters;  Kreitz 
V.  Behrensmeyer,  125  111.,  169. 

534.  Evidence.]  § 115.  Evidence  may  be  taken  in  the  same  manner 
and  upon  like  notice  as  in  cases  in  chancery. 

1.  Election  contests  are  placed  on  the  same  footiug  as  cases  in  chancery.  The  con- 
testant may  place  his  contest  on  any  ground  he  chooses.  Respondent  may,  by  answer, 
interpose  any  matter  which  shows  that  contestant  is  not  equitably  entitled  to  the  relief 
sought^  Talldngton  v.  Turner,  71  111.,  234. 

2.  The  statute  in  respect  to  notice  to  take  the  deposition  of  resident  witnesses,  in 
chancery  (R.  S.,  1874,  ch.  51,  § 24)  is  as  follows;  “ § 24.  When  the  testimony  of  any 
witness,  residing  or  being  within  this  state,  shall  be  necessary  in  any  suit  in  chancery, 
in  this  state,  the  party  wishing  to  use  the  same  may  '"ause  the  deposition  of  such  wit- 
ness to  be  taken  before  any  judge,  justice  of  the  peace,  clerk  of  a court,  master  in 
chancery  or  notary  public,  without  a commission  or  filing  interrogatories  for  such 
purpose,  on  giving  to  the  adverse  party  or  his  attorney  ten  days’  notice  of  the  time 

31 


9J9 


ElECTIOJS'S. 


and  place  of  taking  the  same  and  one  day  in  addition  thereto  (Sundays  inclusive)  for 
every  titty  miles’  travel  from  the  place  of  holding  the  court  to  the  place  where  such 
deposition  IS  to  he  taken.  If  the  party  entitled  to  notice  and  his  attorney  resides  in 
the  county  where  the  deposition  is  to  be  taken  five  days’  notice  shall  be  sufficient  ” 

8.  Contestant  has  onus  to  show  a majority  of  legal  votes  cast  for  him-  Kreitz\) 
Behrensmeyer,  125  111.,  109.  ’ 

4.  In  cases  of  contested  election  the  intention  of  the  voter,  in  casting  his  ballot, 
must  control.  Effect  must  be  given  to  that  intention;  People  v.  Matteson  17  111.  lO?! 

5.  On  contest  result  determined  is  not  changed  by  showing  votes  counted  oii’a  re- 
turn and  certificate  not  conforming  to  law;  it  must  be  shown,  further,  that  the  votes 
so  counted  were  not  actually  cast  or  were  not  legal  votes;  Lawrence  v.  Schmaul- 
hausen,  128111.,  828. 

0.  A party  has  a right  to  prove  that  all  the  voters  at  a certain  precinct  voted  for 
him  and  that  no  ballots  were  returned  bearing  the  numbers  set  opposite  their  names 
and  to  have  such  votes  counted;  Kreitz  -y.  Behrensmeyer,  125  111.,  169. 

7.  It  is  presumed  that  election  officers  discharge  their  duty  as  to  numbering  ballots; 
Kreitz  ■«.  Behrensmeyer,  125  111.,  169. 

8.  Two  votes  cast  folded  together;  both  are  to  be  rejected;  Kreitz  v.  Behrensmever 

125  111.,  169.  ’ 

9.  Declarations  of  a voter,  subsequent  to  election,  to  show  he  voted  illegally,  are 
not  competent  in  contest  of  election;  Kreitz  v.  Behrensmeyer,  125  111.,  169. 

10.  A voter  may  testify  as  to  his  understanding  of  candidates’  names  and  how  he 
reads  his  ballot  cast;  he  can  not  show  that  one  name  used  was  meant  for  another 
idem  sonaus  non;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

11.  Ballot  changed,  the  voter  may  testify  how  he  voted  in  fact;  Kreitz  v.  Behrens- 
meyer, 125  111.,  169. 

12.  Respondent  may  show  that  ballots  counted  were  not  those  of  legal  voters  with- 
out, in  his  answer,  naming  the  persons  who  unlawfully  voted;  Kreitz  v.  Behrens- 
meyer, 125  111.,  169. 

18.  One  who  contests  may  prove,  by  the  voter,  that  the  ballot  bearing  his  number 
is  not  the  one  cast  by  him  or  has  been  changed;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

14.  Production  of  ballots  cast  for  contestant  raises  a rebuttable  presumption  of  le. 
gality  of  such  votes;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

15.  Several  residents  in  a county  bearing  the  same  surname  and  but  one  of  these 
a candidate;  ballots  cast  showing  his  cognomen  only  are  properly  counted  for  him; 
Kreitz  y.  Behrensmeyer,  125  111.,  169. 

16.  Where  a person  is  voted  for  by  his  cognomen  alone  — as  “ Talkington  ”,  the 
candidate  being  named  “Joseph  Talkington”.  for  the  office  of  constable,  the  vote 
.should  be  counted  for  Joseph;  Talkington  y.  Turner,  71  111.,  234. 

17.  Ballots  with  names  idem  sonans  non  can  not  be  aided  by  extrinsic  evidence; 
Kreitz  y.  Behrensmeyer,  125  111.,  169. 

18.  Voter  may  not  testify  that  he  voted  for  one  person,  his  ballot,  not  since  changed, 
showing  a vote  cast  for  another;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

19.  Two  persons  named  for  one  office  on  ballot  voted;  the  ballot  may  not  be  counted 
for  either;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

20.  Letters  of  a foreign  language  used  in  expressing  a name  voted;  their  meaning 
mav  be  shown;  so,  if  the  characters  are  imperfectly  formed;  Kreitz  y.  Behrensmeyer, 
125  111.,  169. 

21.  Ballot  misspelling  a candidate’s  name  but  according  to  a common  pronuncia- 
tion; voter  may  show  that  he  intended  and  attempted  to  express  candidate’s  name; 
Kreitz  y.  Behrensmeyer,  125  111.,  169. 

22.  Erasure  of  a name  from  a ballot  deliberately  made  by  voter;  the  law  gives  it  a 
result,  the  intention  of  the  voter  is  immaterial;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

23.  Name  of  office  completely  canceled  and  name  of  candidate  written  under  the 
canceled  designation  of  office;  vote  not  counted;  Kreitz  y.  Behrensmeyer,  125111.,  169. 

24.  Name  of  candidate,  printed  on  ticket,  erased  and  paster  with  the  opposing  can- 
didate’s name  placed  above  the  title  of  office;  fairly  construed  as  a vote  for  the 
candidate  named;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 

25.  Name  of  candidate  on  ballot  written  into  the  line  designating  the  office,  oblite- 
/rating  part  of  the  letters  thereof;  explainable  as  accidental  and  non  intentional; 
Kreitz  v.  Behrensmeyer,  125  111.,  169. 

26.  Recount  of  ballots  is  ordered  on  a prima  facie  case  made  of  tampering  there- 
with or  showing  necessity  therefor;  Kreitz  y.  Behrensmeyer,  125  111.,  169. 


Elections. 


243 


27.  Non  constat  that  because  recount  of  ballots  is  ordered,  inquiry  as  to  whether 
they  had  been  tampered  with  is  precluded;  Kreitz  v.  Behrensmeyer,  125  111.,  1(59. 

28.  Recount  of  ballots  does  not  bar  inquiry  as  to  whether  the  ballots  present  were 
those  cast  or  whether  they  bear  the  names  they  bore;  Kreitz  v.  Behrensinever,  125 
111.,  169. 

29.  An  unnumbered  ballot  not  being  destroyed  by  the  judges  raises  a supposition 
that  the  two  poll  lists  did  not  agree;  Kreitz  v.  Behrensmeyer,  125  111.,  169. 

30.  Recount  of  ballots  had,  it  may  be  shown  that  they  should  be  discredited; 
Kreitz  v.  Behrensmeyer.  125  111.,  169. 

31.  It  is  error,  on  a recount,  to  destroy  an  unnumbered  ballot,  without  comparison 
as  to  the  agreement  of  the  poll  lists;  Kreitz  Behrensmeyer,  125  111.,  169. 

32.  On  recount  a voter  may  prove  that  he  did  not  erase  a name  found  erased  or 
that  it  was  the  result  of  accident  and  not  of  intent;  Kreitz  v.  Behrensmeyer,  125 
111.,  169. 

33.  No  ballot  found  corresponding  with  a voter’s  number,  the  presumption  is  — in 
absence  of  explanation  — that  such  ballot  was  lost  or  abstracted;  Kreitz  v.  Behrens- 
meyer, 125  111.,  169. 

34.  On  recount  ballot  found  torn  in  two  from  top  to  bottom  one  part  bearing  the 
ballot  number;  cancellation  not  presumed,  in  the  absence  of  contrary  evidence; 
Kreitz  v.  Behrensmeyer,  125  111.,  169. 

35.  Where  a voter’s  ballot  is  refused  and  the  voter  fails  to  insist  on  his  right  to 
vote,  by  furnishing  statutory  evidence  of  his  right;  it  is  not  error  to  refuse  to  count 
such  vote  on  a contest  as  to  the  election;  Kreitz  v.  Behrensmeyer,  125  111.,  109. 

36.  If  no  exception  be  taken  to  evidence  tending  to  show  that  illegal'  votes  were 
counted,  objection  thereto  is  waived;  Kreitz  v.  Behrensmeyer,  125  111.,  169. 

535.  Trial.]  § 116.  The  case  shall  be  tried  in  like  manner  as  cases 
in  chancery. 

536.  Other  elections  contested.]  § IIT.  Any  five  electors  of  the 
county  may  contest  an  election  upon  any  subject  which  may  by  law  be 
submitted  to  a vote  of  the  people  of  the  county,  upon  filing  in  the  cir- 
cuit court,  within  thirty  days  after  the  result  of  the  election  shall  have 
been  determined,  a written  statement  in  like  form  as  in  other  cases  of 
contested  elections  in  the  circuit  court.  The  county  shall  be  made  de- 
fendant, and  process  shall  be  served  as  in  suits  against  the  county ; and 
like  proceedings  shall  be  had  as  in  other  cases  of  contested  elections 
before  such  court. 

537.  When  elector  may  defend  for  county.]  § 118.  In  case  the 
county  board  shall  fail  or  refuse  properly  to  defend  such  contest,  the 
court  shall  allow  any  one  or  more  electors  of  the  county  to  appear  and 
defend,  in  which  cnse  the  electors  so  defending  shall  be  liable  for  the 
costs  in  case  the  judgment  of  the  court  shall  be  in  favor  of  the  contestant. 

538.  Judgment.]  § 119.  The  judgment  of  the  court  in  cases  of 
contested  election  shall  confirm  or  annul  the  election  according  to  the 
right  of  the  matter  ; or,  in  case  the  contest  is  in  relation  to  the  election 
of  some  person  to  an  office,  shall  declare  as  elected  the  person  who 
shall  appear  to  be  duly  elected. 

539.  Tie  vote,  how  decided.]  § 120.  If  it  appears  that  two  or 
more  persons  have,  or  would  have  had  if  the  legal  ballots  cast  or  in- 
tended to  be  cast  for  them  had  been  counted,  the  highest  and  an  equal 
number  of  votes  for  the  same  office,  the  persons  receiving  such  votes 
shall  decide  by  lot,  in  such  manner  as  the  court  shall  direct,  which  of 
them  shall  be  declared  duly  elected ; and  the  judgment  shall  be  en- 
tered accordingly. 


244 


Elections. 


540.  Certified  copy  of  judgment.]  § 121.  A certified  copy  of  the 
jiidginent  of  tlie  court  shall  have  the  same  effect,  as  to  the  result  of  the 
election,  as  if  it  had  been  so  declared  by  the  canvassers. 

541.  When  election  adjudged  void.]  § 122.  AVhen  the  person 
'svhose  election  is  contested  is  found  to  have  received  the  highest  num- 
l)cr  of  legal  votes,  but  the  election  is  declared  null  by  reason  of  legal 
dis(jualification  on  his  part,  or  for  other  causes,  the  person  receiving  the 
next  highest  number  of  votes  shall  not  be  declared  elected,  but  the  elec- 
tion shall  be  declared  void. 

542.  Appeal.]  § 123.  In  all  cases  of  contested  elections  in  the  cir- 
cuit courts  or  county  courts,  appeals  may  be  taken  to  the  supreme  court, 
in  the  same  manner  and  upon  like  conditions  as  is  provided  by  law  for 
taking  appeals  in  cases  in  chancery  from  the  circuit  courts. 

1.  A proceeding  to  contest  an  election,  being  purely  statutory,  is  governed  by  the 
statute.  Therefore,  the  statute  having  provided  for  reviewing  the  action  of  the 
county  court  by  appeal,  that  remedy  must  be  pursued  and  a writ  of  error  will  not 
lie.  Had  no  remedy  by  appeal  been  given,  a writ  of  error  would  lie;  Hall  v.  Thode, 
75  111.,  173. 


General  Law  — Ballot  Beform. 

An  act  to  provide  for  the  printing  and  distribution  of  ballots  at  pub- 
lic expense  and  for  the  nomination  of  candidates  for  public  offices, 
to  regulate  the  manner  of  holding  elections  and  to  enforce  the  secrecy 
of  the  ballot.  [Approved  June  22,  1891.  In  force  July  1,  1891. 
L.  1891,  p.  108. 

542a.  Ballots,  printing  at  public  expense  — exceptions.]  %1.  Be 

it  enacted  hy  the  yoeople  of  the  state  of  Illinois^  represented  in  the  gen- 
eral assemhly^  That  in  all  elections  hereafter  to  be  held  in  this  state 
for  public  officers,  excej^t  for  trustees  of  schools,  school  directors,  mem- 
bers of  boards  of  education,  officers  of  road  districts  in  counties  not 
under  township  organization,  the  voting  shall  be  by  ballots  printed  and 
distributed  at  public  expense,  as  hereinafter  provided,  and  no  other 
ballots  shall  be  used. 

542b.  Expense  borne  by  cities  etc. — by  towns  — by  counties.] 

§ 2.  The  printing  and  delivery  of  the  ballots  and  cards  af  instruction 
to  voters,  hereinafter  described,  shall  in  municipal  elections  in  cities, 
villages  and  incorporated  towns  be  paid  for  by  the  several  cities,  vil- 
lages and  incorporated  towns,  respectively,  and  in  town  elections  by 
the  town  and  in  all  other  elections  the  printing  of  the  ballots  and  cards 
of  instruction  for  the  voters  in  each  county  and  the  delivery  of  them 
to  the  several  voting  precincts  and  election  districts  shall  be  paid  for 
by  the  several  counties,  respectively.  The  term  ‘‘  general  election,”  as 
used  in  this  act,  shall  apply  to  any  election  held  for  the  choice  of  a 
national,  state,  judicial,  district  or  county  officer,  whether  for  the  full 
term  or  for  the  filling  of  a vacancy.  Tlie  term  city  election  ” shall 
apply  to  any  municipal  election  held  in  a city,  village  or  incorporated 
town. 

542c.  Nomination  of  candidates.]  § 3.  Any  convention  of  dele- 


Elections. 


244a 


gates  and  any  caucus  or  meeting  of  qualified  voters,  as  hereinafter 
delined,  and  individual  voters,  to  the  number  and  in  the  manner  here- 
inafter specified,  may  nominate  candidates  for  public  office,  whose 
names  shall  he  placed  upon  the  ballots  to  he  furnished  as  hereinafter 
provided. 

542d.  Party  conventions  — nomination  certificate.]  § 4.  Any 

convention  of  delegates,  caucus  or  meeting  representing  a political 
party  which  at  the  general  election  next  preceding  polled,  at  least,  two 
(2)  per  cent,  of  the  entire  vote  cast  in  the  state,  or  in  the  electoral  dis- 
trict or  division  thereof,  or  the  municipality  for  which  the  nomination 
is  made  may,  for  the  state  or  for  the  electoral  district  or  division 
thereof  or  municipality  for  which  the  convention,  caucus  or  meeting  is 
held,  as  the  case  may  be,  by  causing  a certificate  of  nomination  to  he 
duly  filed,  make  one  such  nomination  for  each  office  therein  to  be  filled 
at  the  election.  Every  such  certificate  of  nomination  shall  state  such 
facts  as  are  required  in  section  six  (6)  of  this  act  and  shall  be  signed  by 
the  presiding  officer  and  by  the' secretary  of  the  convention,  caucus  or 
meeting,  who  shall  add  to  their  signatures  their  places  of  residence. 
Such  certificates  shall  he  sworn  to  by  them  to  be  true,  to  the  best  of 
their  knowledge  and  belief,  and  a certificate  of  the  oath  shall  be  annexed 
to  the  certificate  of  nomination. 

5426.  Nomination  papers  by  individuals.]  § 5.  Nominations  of 
candidates  for  any  office  to  be  filled  by  the  voters  of  the  state  at  large 
may,  also,  be  made  by  nomination  papers  signed,  in  the  aggregate,  for 
each  candidate  by  not  less  than  one  thousand  (1,000)  qualified  voters  of 
the  state.  Nominations  of  candidates  for  office  within  any  district  or 
political  division  less  than  the  state  and  in  all  cities  having  a population 
in  excess  of  5,000  may  be  made  by  nomination  papers  signed,  in  the 
aggregate,  for  each  candidate  by  qualified  voters  of  such  district  or 
political  division  not  less  than  one  for  each  fifty  persons  who  voted  at 
the  next  preceding  general  election  in  such  district  or  division,  but  in 
no  case  by  less  than  twenty-five  (25).  In  elections  to  be  held  in  a town, 
village,  precinct  or  ward  and  in  all  cities  with  a population  not  exceed- 
ing 5,000,  the  signature  of  voters  thereof  equalling  five  per  cent,  of  the 
vote  cast  therein  at  the  last  preceding  election  shall  be  sufficient  for  the 
nomination  of  a candidate  who  is  to  be  voted  for  only  in  such  town, 
village,  precinct  or  ward  or  city.  Each  voter  signing  a nomination 
paper  shall  add  to  his  signature  his  place  of  residence,  and  each  voter 
may  subscrilie  to  one  nomination  for  each  office  to  be  filled  and  no 
more : Provided  tliat  the  name  of  any  candidate  whose  name  may 
appear  in  any  other  place  upon  the  ballot,  shall  not  be  so  added  by 
petition  for  the  same  office. 

542f.  Nominating  papers  — requisites  of.]  §6.  All  certificates  of 
nomination  or  nomination  papers  shall,  besides  containing  the  names  of 
candidates,  specify  as  to  each  : 1.  The  office  to  which  he  is  nominated. 
2.  The  party  or  political  principle  which  he  represents,  expressed  in 
not  more  than  five  (5)  words.  3.  His  place  of  residence,  with  the 
street  and  number  thereof  if  any.  In  the  case  of  electors  for  president 


2441) 


Elections. 


and  vice  president  of  the  United  States,  tlie  names  of  the  candidates 
for  ])resi(lent  and  vice  jiresident  may  be  added  to  the  party  or  political 
apjiellation. 

542g.  Nominations,  filing  of — where  and  when.]  § 7.  Certificates 
of  nomination  and  nomination  ])apers  for  the  nomination  of  candidates 
for  office  to  he  filled  by  the  electors  of  the  entire  state,  or  any  division 
or  district  greater  than  a county,  shall  l>e  filed  with  the  secretary  of 
state  at  least  thirty  days  previous  to  the  day  of  election  for  which  the 
candidates  are  nominated.  All  other  certificates  for  the  nomination  of 
candidates  shall  be  filed  with  the  county  clerk  of  the  respective  coun- 
ties at  least  thirty  days  previous  to  the  day  of  such  election  : Provided 
that  certificates  of  nomination  and  nomination  papers  for  the  nomina- 
tion of  candidates  for  the  offices  in  cities,  villages  and  incorporated 
towns,  and  for  town  offices  in  counties  under  township  organization, 
shall  be  filed  with  the  clerks  of  the  towns,  cities,  villages  and  incorpo- 
rated towns  at  least  fifteen  days  previous  to  the  day  of  such  election. 

542h.  Nomination,  withdrawal  of — papers,  inspection  of.]  § 8. 
Any  person  whose  name  has  been  presented  as  a candidate  may  cause 
his  name  to  be  withdrawn  from  nomination  by  his  request  in  writing, 
signed  by  him  and  acknowdedged  before  an  officer  qualified  to  take 
acknowledgment  of  deeds,  and  filed  with  the  secretary  of  state  not  less 
than  fifteen  (15)  days,  or  with  the  proper  clerk  not  less  than  eight  (8) 
days  previous  to  the  day  of  election,  and  no  name  so  withdrawm  shall 
be  printed  upon  the  ballots.  All  certificates  of  nomination  and  nomi- 
nation papers,  when  filed,  shall  be  open,  under  the  proper  regulation, 
to  public  inspection  and  the  secretary  of  state  and  the  several  clerks 
having  charge  of  nomination  papers  shall  preserve  the  same  in  their 
respective  offices  not  less  than  six  months. 

542i.  Nominees,  vacancy  of — substitution.]  § 9.  In  case  a can- 
didate who  has  been  duly  nominated  under  the  provisions  of  section  six 
(6)  of  this  act  die  before  election  day,  or  decline  the  nomination,  as  in 
this  act  provided,  or  should  any  certificate  of  nomination  be  held  insuf- 
ficient or  inoperative  by  the  officer  with  whom  they  may  be  filed,  the 
vacancy  or  vacancies  thus  occasioned  may  be  filled  by  the  political 
party  or  other  persons  making  the  original  nominations,  or,  if  the  time 
is  insufficient  therefor,  then  tlie  vacancy  may  be  filled,  if  the  nomina- 
tion was  by  convention  or  caucus,  in  such  manner  as  the  convention  or 
caucus  had  previously  provided,  or,  in  case  of  no  such  previous  pro- 
vision, then,  by  a regularly  elected  general  or  executive  committee  rep- 
resenting the  political  party  or  persons  holding  such  convention,  meet- 
ing or  caucus.  The  certificates  of  nomination  made  to  supply  such 
vacancy  shall  state,  in  addition  to  the  other  facts  required  by  section 
six  (6)  of  this  act,  the  name  of  the  original  nominee,  the  date  of  his 
death  or  declination  of  nomination,  or  the  fact  that  the  former  nomina- 
tion has  been  held  insufficient  or  inoperative,  and  the  measures  taken 
in  accordance  with  the  above  requirements  for  filling  a vacancy,  and  it 
shall  be  signed  and  sworn  to  by  the  presiding  officer  and  secretary  of 


Elections.  244c 

the  convention  or  caucus,  or  by  the  chairman  and  secretary  of  the  duly 
authorized  committee,  as  tlie  case  may  be. 

542j.  Nomination  certificates  — objections  to.]  §10.  The  certifi- 
cates of  nomination  and  nomination  pomers,  being  so  filed  and  being  in 
apparent  conformity  with  the  provisions  of  this  act,  shall  be  deemed  to 
be  valid  unless  objection  thereto  is  duly  made  in  writing.  Such  objec- 
tions or  other  questions  arising  in  relation  thereto  in  the  case  of  nomi- 
nation of  state  officers  shall  be  considered  by  the  secretary  of  state  and 
the  auditor  and  attorney  general,  and  the  decision  of  the  majority  of 
these  officers  shall  be  final.  Such  objections  or  questions  arising  in  the 
case  of  nominations  for  officers  to  be  elected  by  the  voters  of  a division 
less  than  the  state  and  greater  than  a county  shall  be  considered  by  the 
county  judges  of  the  counties  embraced  in  such  division,  and  the  decis- 
ion of  a majority  of  these  officers  shall  be  final.  Such  objections  or 
questions  arising  in  the  case  of  nominations  of  candidates  for  county 
officers  shall  be  considered  by  the  county  judge,  county  clerk  and 
state’s  attorney  for  such  county  and  the  decision  of  a majority  of  said 
officers  shall  be  final.  Objections  or  questions  arising  in  the  case  of 
nominations  of  city,  town  or  village  officers  shall  be  considered  by  the 
mayor  or  president  of  the  board  of  trustees  and  the  city,  town  or  vil- 
lage clerk  with  whom  one  alderman  or  trustee  thereof,  as  the  case  may 
be,  chosen  by  lot  shall  act,  and  the  decision  of  a majority  of  such  officers 
shall  be  final.  Such  objections  arising  in  the  case  of  nominations  of 
town  officers  shall  be  considered  by  the  board  of  auditors  of  such  town 
and  the  decision  of  a majority  of  such  auditors  shall  be  final.  In  any 
case  where  such  objection  is  made  notice  shall,  forthwith,  be  given  to 
the  candidates  affected  thereby,  addressed  to  their  places  of  residence, 
as  given  in  the  nomination  papers,  and  stating  the  time  and  place  when 
and  where  such  objections  will  be  considered : Provided  that  in  cities, 
towns  or  villages  having  a board  of  election  commissioners  such  ques- 
tions shall  be  considered  by  such  board  and  its  decision  shall  be  final. 

542k.  Vacancy  filled,  notice  of — ballots,  change  of.]  § 11.  When 
such  certificate  is  filed  with  the  secretary  of  state  he  shall,  in  certifying 
nominations  to  the  various  county  clerks,  insert  the  name  of  the  person 
who  has  been  thus  nominated  to  fill  a vacancy  in  place  of  the  original 
nominee  and,  in  the  event  that  he  has  already  sent  forward  his  certifi- 
cate, he  shall,  forthwith,  certify  to  the  clerks  of  the  proper  counties 
the  name  and  description  of  the  person  so  nominated  to  fill  a vacancy, 
the  office  he  is  nominated  for,  with  the  other  details  mentioned  in  cer- 
tificates of  nomination  filed  with  the  secretary  of  state  and,  in  cases 
where  such  clerk  is  not  charged  by  this  act  with  the  printing  of  the 
ballots,  he  shall  immediately  certify  the  name  so  supplied  to  the  authori- 
ties charged  wuth  the  printing  of  the  ballots.  The  name  so  supplied 
for  the  vacancy  shall,  if  the  ballots  are  not  already  printed,  be  placed  on 
the  ballots  in  place  of  the  name  of  the  original  nominee ; or,  if  the  bal- 
lots have  been  printed,  new  ballots,  whenever  practicable,  shall  be 
furnished. 


244(i 


Elections. 


542I.  Pasters,  use  of — writing  or  stamping  — notice  of.]  §12. 
Whenever  it  may  not  be  ])racticable  to  have  new  ballots  printed  it  shall 
be  the  duty  of  tlie  election  officer  having  charge  of  the  ballots  to  place 
the  name  siip])lied  for  the  vacancy  upon  each  ballot  issued  before  deliv- 
ering it  to  the  voter.  The  name  so  supplied  may  be  placed  upon  the 
ballots  either  by  affixing  a paster  or  by  writing  or  stamping  the  name 
on  the  ballot  and,  to  enable  this  to  be  done,  the  officer  with  whom  the 
certificates  of  nomination  are  to  be  filed  shall  immediately  furnish  the 
name  of  such  substituted  nominee  to  all  judges  of  election  within  the 
territory  in  which  such  nominee  may  be  a candidate. 

542m.  County  clerks,  notice  to  ] § 13.  Xot  less  than  fifteen  days 

before  an  election  to  fill  any  public  office  the  secretary  of  state  shall 
certify  to  the  county  clerk  of  each  county  within  which  any  of  the 
electors  may,  by  law,  vote  for  candidates  for  such  office  the  name  and 
description  of  each  person  nominated  for  such  office,  as  specified  in  the 
certificates  of  nomination  filed  with  the  secretary  of  state. 

542n.  Ballot,  contents  of — printing  of — form.]  § 14.  The 

names  of  ail  candidates  to  lie  voted  for  in  each  election  district  or  pre- 
cinct shall  be  printed  on  one  ballot ; all  nominations  of  any  political 
party  or  group  of  petitioners  being  placed  under  the  party  appellation 
or  title  of  such  party  or  group,  as  designated  by  them  in  their  certifi- 
cates of  nomination  or  petitions  or,  if  none  be  designated,  then  under 
some  suitable  title  and  the  ballot  shall  contain  no  other  names,  except 
that,  in  case  of  electors  for  president  and  vice  president  of  the  United 
States,  the  names  of  the  candidates  for  president  and  vice  president 
may  be  added  to  the  party  or  political  designation.  If  a constitutional 
amendment  or  other  public  measure  is  submitted  to  a vote  such  ques- 
tion shall  be  printed  upon  the  ballot  after  the  list  of  candidates 'and 
words  calculated  to  aid  the  voter  in  his  choice  of  candidates  or  to 
answer  any  question  submitted  to  vote  may  be  added,  such  as:  “ Yote 
for  one,”  “ Yote  for  three,”  “Yes,”  “Iso”  or  the  like.  On  the  back 
or  outside  of  the  ballot,  so  as  to  appear  when  folded,  shall  be  printed 
the  words,  “ Official  ballot,”  followed  by  the  designation  of  the  polling 
place  for  which  the  ballot  is  prepared,  the  date  of  the  election  and  a 
fac  simile  of  the  signature  of  the  clerk  or  other  officer  who  has  caused 
the  ballots  to  be  printed.  The  ballots  shall  be  of  plain  white  paper, 
through  which  the  printing  or  writing  can  not  be  read.  The  party 
appellation  or  title  shall  be  printed  in  capital  letters,  not  less  than  one- 
fourth  of  an  inch  in  height  and  a circle  one-half  inch  in  diameter  shall 
be  printed  at  the  beginning  of  the  line  in  which  such  appellation  or 
title  is  printed.  The  names  of  candidates  shall  be  printed  in  capital 
letters  not  less  than  one-eighth  nor  more  than  one-fourth  of  an  inch  in 
height  and,  at  the  beginning  of  each  line  in  which  a name  of  a candi- 
date is  printed,  a square  sliall  be  printed,  the  sides  of  which  shall  not  be 
less  than  one-fourth  of  an  incli  in  length.  The  list  of  candidates  of  the 
several  parties  and  groups  of  petitioners  shall  be  placed  in  separate 
columns  on  the  ballot  in  such  order  as  the  authorities  charged  with  the 
printing  of  the  ballots  shall  decide. 


Elections. 


244e 


As  nearly  as  practicable  tlie  ballot  sliall  be  in  the  following  form : 


0 DEMOCRATIC. 

0 REPUBLICAN. 

0 PROHIBITION. 

For  Governor 

□ JOHN  M.  PALMER. 

For  Governor 

□ JOSEPH  W.  FIFER. 

For  Governor 

□ DAVID  II.  HARTS. 

For  Lieutenant  Governor 

□ ANDREW  J.  BELL: 

For  Lieutenant  Governor 

□ LYMAN  B.  RAY. 

For  Lieutenant  Governor 

□ JOS.  L.  WHITLOCK. 

For  Secretary  of  State 

D NEWELL  D.  RICKS. 

For  Secretary  of  State 

□ I.  N.  PEARSON. 

For  Secretary  of  State 

□ JAMES  R.  HANNA. 

(And  continuing  in  like  manner  as  to  all  candidates  to  be  voted  for 
at  sucli  election.) 

542  o.  Printing  and  distribution,  by  whom.]  § 15.  For  all  elec- 
tions to  wliich  this  act  aj^plies,  the  county  clerks,  in  their  respective 
counties,  shall  have  charge  of  the  printing  of  the  ballots  for  all  general 
elections  and  shall  furnish  them  to  the  judges  of  election ; the  city, 
town  or  village  clerk  shall  have  charge  thereof  and  furnish  them  in  all 
city  elections  and  the  town  clerk  in  counties  under  township  organiza- 
tion shall  have  charge  thereof  and  furnish  the  same  in  all  town  elec- 
tions to  which  this  act  applies ; provided,  that  in  'cities,  towns  or  vil- 
lages having  a board  of  election  commissioners  such  board  shall  have 
charge  of  the  printing  of  the  ballots  and  furnish  them  to  the  judges  of 
election  within  the  territory  under  their  jurisdiction.  Ballots  shall  be 
printed  and  in  possession  of  the  officer  charged  with  their  distribution 
at  least  two  days  before  the  election  and  subject  to  the  inspection  of 
candidates  and  their  agents  ; if  any  mistakes  be  discovered  they  shall 
be  corrected  without  delay.  The  officer  so  charged  with  the  printing 
of  the  ballots  shall  cause  to  be  delivered  to  the  judges  of  election,  at  the 
polling  place  of  each  precinct  or  district,  not  less  than  twelve  hours 
before  the  time  fixed  by  law  for  the  opening  of  the  polls  therein,  one 
hundred  ballots  of  the  kind  to  be  voted  in  such  precinct  or  district  for 
every  fifty  votes  cast  therein  at  the  last  preceding  election  for  state 
officers ; such  ballots  shall  be  put  up  in  separate  sealed  packages,  with 
marks  on  the  outside  clearly  designating  the  polling  place  for  which 
they  are  intended  and  the  number  of  ballots  inclosed,  and  receipt 
tlierefor  shall  be  given  by  the  judges  of  election  to  whom  they  are 
delivered,  which  receipt  shall  be  preserved  by  the  officer  charged  with 
the  printing  of  the  ballots.  The  officer  or  authorities  cliarged  with  the 
printing  and  distributing  of  the  ballots  shall  provide  and  retain  at  his 
or  their  office  an  ample  supply  of  ballots,  in  addition  to  those  distrib- 
uted to  the  several  voting  precincts  or  districts  and  if,  at  any  time,  on 
or  before  the  day  of  election  the  ballots  furnished  to  any  precinct  shall 
be  lost,  destroyed  or  exhausted  before  the  polls  are  closed,  on  written 
application  signed  by  a majority  of  the  judges  of  such  precinct  or  dis- 
trict, or  signed  and  sworn  to  by  one  of  such  judges,  he  shall  imme- 
diately cause  to  be  delivered  to  such  judges,  at  the  polling  place,  such 


244f 


Elections. 


additional  supply  of  ballots  as  may  l^e  recpiired  and  sufficient  to  comply 
■with  the  provisions  of  this  act. 

542p.  Question  submitted,  form  of.]  § IG.  Whenever  a constitu- 
tional amendment,  or  otlier  ])ublic  measure,  is  proposed  to  be  voted  upon 
by  the  people  tlie  substance  of  such  amendment  or  other  public  meas- 
ure shall  be  clearly  indicated  upon  the  ballot  and  two  spaces  shall  be 
left  upon  the  margin,  one  for  votes  favoring  the  amendment  or  public 
measure,  to  be  designated  by  the  word  yes,”  and  one  for  votes  oppos- 
ing the  amendment  or  measure,  to  be  designated  by  the  word  ‘‘  no,”  as 
in  the  form  herein  given  : 


Proposed  amendment  to  the  constitution  giving  judges 

YES. 

X 

a life  term  of  office  and  making  them  appointive. 

NO. 

The  elector  shall  designate  his  vote  by  a cross  mark ; thus  (x). 

542q.  Cumulative  voting.]  § 17.  It  may  be  stated  in  the  certificates 
of  nomination  of  candidates  for  representatives  in  the  general  assembly 
what  number  of  votes  it  is  desired  shall  be  printed  as  given  to  such 
candidate  or  candidates  and,  in  such  case,  the  ballots  shall  be  so  printed. 
In  any  case  where  the  certificate  of  nomination  does  not  so  state,  then 
no  number  of  votes  shall  be  printed  on  the  ballots  as  to  the  candidate 
or  candidates  named  in  such  certificates.  In  canvassing  the  vote  for 
representatives  in  the  general  assembly,  if  the  ballot  has  been  so  marked 
as  to  indicate  that  the  voter  intends  to  vote  for  one  person  only  for  that 
office,  it  shall  be  counted  three  votes  for  that  candidate ; if  it  has  been 
so  marked  as  to  indicate  that  the  voter  intends  to  vote  for  two  persons 
for  representatives,  it  shall  be  counted  one  and  one-half  votes  for  each 
of  such  candidates,  unless  otherwise  on  the  ballot  expressly  stated  ; and 
if  it  has  been  so  marked  as  to  indicate  an  intention  to  vote  for  three 
persons  for  such  office  it  shall  be  counted  one  vote  for  each  of  such 
candidates,  unless  otherwise  on  the  ballot  expressly  stated ; and  if  it 
has  been  so  marked  as  to  indicate  an  attempt  to  vote  for  more  persons 
for  representatives  than  the  voter  is  entitled  to  vote  for  the  votes  for 
representatives  on  such  ballot  shall  not  be  counted. 

542r.  Instructions  for  voters.]  § 18.  The  officer  or  officers  whose 
duty  it  is  to  have  the  ballots  printed,  shall  prepare  full  instructions  for 
the  guidance  of  voters  at  each  election  as  to  obtaining  ballots,  as  to  the 
manner  of  marking  them  and  the  method  of  gaining  assistance  and  as 
to  obtaining  new  ballots  in  place  of  those  accidentally  spoiled ; and, 
they  shall  respectively  cause  tlie  same,  together  with  copies  of  sections 
twenty-one  (21),  twenty-two  (22),  twenty-three  (23),  twenty-four  (21), 
twenty-five  (25),  twenty-eight  (28)  and  twenty-nine  (29)  of  this  act,  to 
be  printed  in  large,  clear  type,  on  separate  cards,  to  be  called  cards  of 
instruction  ; and  such  officer  or  officers  shall  furnish  to  the  judges  of 
election  a sufficient  number  of  such  cards  of  instruction  to  enable  the 
judges  of  election  to  comply  with  the  provisions  of  this  act. 


Elections. 


244g 


542s.  Instruction  cards,  specimen  ballots,  posting*  of.]  § 19.  The 

judges  of  election  sliall  cause  not  less  than  one  of  such  cards  to  be 
posted  in  each  voting  booth,  provided  for  the  preparation  of  ballots, 
and  not  less  than  four  of  such  cards  to  be  posted  in  and  about  the  poll- 
ing places  upon  the  day  of  election.  J udges  of  election  shall,  not  less 
than  hve  days  prior  to  an  election,  cause  to  be  conspicuously  posted,  in 
five  or  more  public  places  in  their  voting  precinct  or  election  district, 
a card  of  instruction  and  a specimen  ballot  printed  on  colored  paper, 
containing  the  names,  residence  and  party  or  political  affiliation  of  all 
candidates  nominated,  as  herein  provided,  and  to  be  voted  for  in  such 
precinct,  substantially  in  the  form  of  the  general  ballot  to  be  used 
herein,  and  they  shall  likevvdse  cause  to  be  published,  prior  to  the  day 
of  election,  in  at  least  two  newspapers,  if  there  be  so  many  published 
in  such  county,  representing  the  political  parties  which  cast  at  the  pre- 
ceding election  the  largest  and  next  largest  number  of  votes,  a list  of 
all  the  nominations  made  as  herein  provided  and  to  be  voted  for  at 
such  election,  as  near  as  may  be,  in  the  form  in  which  they  shall  appear 
upon  the  general  ballot. 

542t.  Ballots,  custody  of]  § 20.  The  judges  of  election  of  their 
respective  election  precincts  or  election  districts  shall  have  charge  of 
the  ballots  and  furnish  them  to  the  voter  as  hereinafter  set  forth. 

542U.  Booths  — stationery  — cost  of]  § 21.  All  officers  upon 
whom  is  imposed  by  law  the  duty  of  design  [at]ing  or  providing  polling 
places  shall  provide,  in  each  polling  place  so  designated  or  provided,  a 
sufficient  number  of  booths,  which  shall  be  provided  with  such  supplies 
and  conveniences,  including  shelves,  pens,  penholders,  ink,  blotters  and 
pencils,  as  will  enable' the  voter  to  prepare  his  ballot  for  voting  and  in 
which  voters  may  prepare  their  ballots,  screened  from  all  observation 
as  to  the  manner  in  which  they  do  so  ; and,  a guard  rail  shall  be  so  con- 
structed and  placed  that  only,  such  persons  as  are  inside  said  rail  can 
approach  within  six  feet  of  the  ballot  box  and  of  such  voting  booths. 
The  arrangements  shall  be  such  that  the  voting  booths  can  only  be 
reached  by  passing  within  said  guard  rail.  They  shall  be  within  plain 
view  of  the  election  officers  and  both  they  and  the  ballot  boxes  shall  be 
within  plain  view  of  those  outside  the  guard  rail.  Each  of  said  booths 
shall  have  three  sides  inclosed,  one  side  in  front,  to  open  and  shut  by  a 
door  swinging  outward  or  to  be  closed  with  a curtain.  Each  side  of 
each  booth  shall  be  seven  feet  high  and  the  door  or  curtain  shall  extend 
to  within*  two  feet  of  the  floor,  which  shall  be  closed  while  the  voter  is 
preparing  his  ballot,  and  such  booths  shall  be  well  lighted.  Each  booth 
shall  be,  at  least,  three  feet  square  and  shall  contain  a shelf,  at  least, 
one  foot  wide  at  a convenient  height  for  writing.  Ko  person  other 
than  the  election  officers  and  the  challengers,  allowed  by  law,  and  those 
admitted  for  the  purpose  of  voting,  as  hereinafter  provided,  shall  be 
permitted  within  the  guard  rail  except,  by  authority  of  the  election 
officers,  to  keep  order  and  enforce  the  law.  The  number  of  such  vot- 
ing booths  shall  not  be  less  than  one  to  every  hundred  voters  who  voted 
at  the  last  preceding  election  in  the  district.  The  expense  of  provid- 


244U 


Elp:ctions. 


ing  booths  and  guard  rails  and  other  things  required  in  this  act  shall  be 
paid  in  the  same  manner  as  other  election  expenses. 

542V.  Voters,  registration  — challenge.]  §22.  Any  person  desir- 
ing to  vote  shall  give  his  name  and,  if  required  to  do  so,  his  residence 
to  the  judges  of  election,  one  of  whom  shall  thereupon  annonnce  the 
same  in  a lond  and  distinct  tone  of  voice,  clear  and  audible,  and,  if 
such  name  is  found  on  the  register  of  voters  by  the  officer  having 
charge  thereof,  he  shall  likewise  re])eat  said  name  and  the  voter  shall 
be  allowed  to  enter  the  space  inclosed  by  the  guard  rail,  as  above  pro- 
vided. One  of  the  judges  shall  give  the  voter  one,  and  only  one,  bal- 
lot on  the  back  of  which  such  judge  shall  indorse  his  initials,  in  such 
manner  that  they  may  l)e  seen  when  the  ballot  is  properly  folded,  and 
the  voter’s  name  shall  be  immediately  checked  on  the  register  list.  At 
all  elections,  when  a registry  may  be  required,  if  the  name  of  any  per- 
son so  desiring  to  vote  at  such  election  is  not  found  on  the  register  of 
voters  he  shall  not  receive  a ballot  until  he  shall  have  complied  with 
the  law  prescribing  the  manner  and  conditions  of  voting  by  unregis- 
tered voters.  If  any  person  desiring  to  vote  at  any  election  shall  be 
challenged  he  shall  not  receive  a ballot  until  he  shall  have  established 
his  right  to  vote  in  the  manner  provided  by  law.  Besides  the  election 
officer  not  more  than  two  voters  in  excess  of  the  whole  number  of  vot- 
ing booths  provided  shall  be  allowed  in  said  inclosed  space  at  one 
time. 

542W.  Ballot,  preparation  of  — casting.]  § 23.  On  receipt  of  his 
ballot  the  voter  shall  forthwith,  and  without  leaving  the  inclosed  space, 
retire  alone  to  one  of  the  voting  booths  so  provided  and  shall  prepare 
his  ballot,  by  making,  in  the  appropriate  margin  or  place,  a cross  ( X ) 
opposite  the  name  of  the  candidate  of  his  choice  for  each  office  to  be 
tilled  or  by  writing  in  the  name  of  the  candidate  of  his  choice  in  a 
blank  space  on  said  ticket,  making  a cross  (x)  opposite  thereto,  and,  in 
case  of  a question  submitted  to  the  vote  of  the  people,  by  making,  in 
the  appropriate  margin  or  place,  a cross  (x)  against  the  answer  he 
desires  to  give  : Provided,  however,  if  he  shall  desire  to  vote  for  all  the 
candidates  of  one  political  party  or  group  of  petitioners  he  may  place 
such  mark  at  the  appropriate  place  preceding  the  appellation  or  title 
under  which  the  names  of  the  candidates  of  such  party  or  group  of 
petitioners  are  printed  and  the  ballot  so  marked  shall  be  counted  as 
cast  for  all  the  candidates  named  under  that  title  : Provided,  further, 
that  the  voter  may  place  such  mark  at  the  appropriate  place  preceding 
the  appellation  or  title  of  one  party  or  grou])  of  petitioners  and  may, 
also,  mark,  at  the  appropriate  place,  preceding  the  name  or  names  of 
one  or  more  candidates  printed  under  the  appellation  or  title  of  some 
other  party  or  group  of  petitioners  and  a ballot  so  marked  shall  be 
counted  as  cast  for  all  the  candidates  named  under  the  appellation  or 
title  which  has  been  so  marked,  excej^t  as  to  the  officers  as  to  which 
he  has  placed  such  mark  preceding  the  name  or  names  of  some  other 
candidate  or  candidates  printed  under  the  title  of  some  other  party  or 
group  of  petitioners,  and  as  to  such  it  shall  be  counted  as  cast  for  the 


E'LECTIONS, 


244i 


candidate  or  candidates  preceding  whose  name  or  names  sncli  mark 
may  have  been  placed.  Before  leaving  the  voting  booth  the  voter 
shall  fold  his  ballot  in  such  manner  as  to  conceal  the  marks  thereon, 
lie  shall  then  vote  forthwith  in  the  manner  now  provided  by  law, 
except  that  the  number  corresponding  to  the  number  of  the  voter  on 
the  poll  books  shall  not  be  indorsed  on  the  back  of  his  ballot.  He 
shall  mark  and  deposit  his  ballot  without  undue  delay  and  shall  quit 
said  inclosed  space  as  soon  as  he  has  voted.  Ho  voter  shall  be  allowed 
to  occupy  a voting  booth  already  occupied  by  another,  nor  remain 
within  said  inclosed  space  more  than  ten  minutes,  nor  to  occupy  a vot- 
ing booth  more  than  five  minutes  in  case  all  of  said  voting  booths  are  in 
use  and  other  voters  waiting  to  occupy  the  same.  Ho  voter  not  an  elec- 
tion officer  shall,  after  having  voted,  be  allowed  to  re-enter  said  inclosed 
space  during  said  election.  Ho  person  shall  take  or  remove  any  ballot 
from  the  poling  place  before  the  close  of  the  poll.  Ho  voter  shall  vote 
or  offer  to  vote  any  ballot  except  such  as  he  has  received  from  the 
judges  of  election  in  charge  of  the  ballots.  Any  voter  who  shall,  by 
accident  or  mistake,  spoil  his  ballot,  may,  on  returning  said  spoiled 
ballot,  receive  another  in  place  thereof. 

542X.  Illiterate  voter  — intoxication.]  § 24.  Any  voter  who  may 
declare  upon  oath  that  he  can  not  read  the  English  language  or  that  by 
reason  of  any  physical  disability  he  is  unable  to  mark  his  ballot  shall, 
upon  request,  be  assisted  in  marking  his  ballot  by  two  of  the  election 
officers  of  different  political  parties,  to  be  selected  from  the  judges  and 
clerks  of  the  precinct  in  Avhich  they  are  to  act,  to  be  designated  by  the 
judges  of  election  of  each  precinct  at  the  opening  of  the  polls.  Such 
officers  shall  mark  the  ballot  as  directed  by  the  voter  and  shall  there- 
after give  no  information  regarding  the  same.  The  clerks  of  election 
shall  enter  upon  the  poll  lists  after  the  name  of  any  elector  who 
received  such  assistance  in  marking  his  ballot  a memorandum  of  the 
fact.  Intoxication  shall  not  be  regarded  as  a physical  disability,  and 
no  intoxicated  person  shall  be  entitled  to  assistance  in  marking  his 
ballot. 

542y.  Employe’s  absence  from  labor,  etc.,  to  vote  — refusal  of 
leave.]  § 25.  Any  person  entitled  to  vote  at  a general  election  in  this 
state  shall,  on  the  day  of  such  election,  be  entitled  to  absent  himself 
from  any  services  or  employment  in  which  he  is  then  engaged  or 


Elections. 


244  j 

employed  for  a period  of  two  hours  between  the  time  of  opening  and 
closing  the  jiolls;  and,  such  voter  shall  not  because  of  so  absenting  him- 
self he  liable  to  any  penalty,  nor  shall  any  deduction  be  made  on 
account  of  such  alisence  from  his  usual  salary  or  w^ages  : Provided,  how- 
ever, that  application  for  such  leave  of  absence  shall  be  made  prior  to 
the  day  of  election.  The  employer  may  specify  the  hours  during 
which  said  employe  may  absent  himself  as  aforesaid.  Any  person  or 
corporation  who  shall  refuse  to  an  employe  the  privilege  hereby  con- 
ferred, or  shall  subject  an  employe  to  a penalty  or  deduction  of  wages 
because  of  the  exercise  of  such  privilege,  or  who  shall  directly  or  indi- 
rectly violate  the  provisions  of  this  section,  shall  be  deemed  guilty  of 
a misdemeanor  and  be  fined  in  any  sum  not  less  than  five  dollars  ($5) 
nor  more  than  one  hundred  dollars  ($100). 

542Z.  Ballots  not  counted  — spoiled  ballots.]  § 26.  If  the  voter 
marks  more  names  than  there  are  persons  to  be  elected  to  an  office,  or 
if  for  any  reason  it  is  impossible  to  determine  the  voter’s  choice  for 
any  office  to  be  filled,  his  ballot  shall  not  be  counted  for  such  office. 
!No  ballot  without  the  official  indorsement  shall  be  allowed  to  be  depos- 
ited in  the  ballot  box  and  none  but  ballots  provided  in  accordance  with 
the  provisions  of  this  act  shall  be  counted.  Ballots  not  counted  shall 
be  marked  ‘'’defective,”  on  the  back  thereof,  and  ballots  to  which 
objection  has  been  made  by  either  of  the  judges  or  challengers  shall  be 
marked  “ objected  to,”  on  the  back  thereof,  and  a memorandum  signed 
by  the  judges  stating  how  it  was  counted  shall  be  written  upon  the 
back  of  each  ballot  so  marked,  and  all  ballots  marked  defective  or 
objected  to  shall  be  inclosed  in  an  envelope  securely  sealed  and  so 
marked  and  indorsed  as  to  clearly  disclose  its  contents.  All  ballots 
not  voted,  and  all  that  have  been  spoiled  by  voters  while  attempt- 
ing to  vote,  shall  be  returned  by  the  judges  of  election  to  the  officer  or 
authorities  charged  with  the  printing  and  distribution  of  the  ballots 
and  a receipt  taken  therefor  and  shall  be  preserved  six  months ; such 
officer  shall  keep  a record  of  the  number  of  ballots  delivered  for  each 
polling  place,  the  name  of  the  person  to  whom  and  the  time  when 
delivered  and  he  shall,  also,  enter  upon  such  record  the  number  and 
character  of  ballots  returned,  with  the  time  when  and  the  person  by 
whom  they  are  returned. 


Elections. 


244k 


542aa.  Canvass  — result  proclaimed — ballots  preserved.]  § 27. 

When  the  canvass  of  the  'ballots  shall  have  been  completed,  as  now 
provided  by  law,  the  clerks  shall  announce  to  the  judges  the  total  num- 
ber of  votes  received  by  each  candidate  ; each  judge  of  election,  in 
turn,  shall  then  proclaim,,  in  a loud  voice,  the  total  number  of  votes 
received  by  each  of  the  persons  voted  for  and  the  office  for  which  he 
is  designated  and  the  number  of  votes  for  and  the  number  of  votes 
against  any  proposition  which  shall  have  been  submitted  to  a vote  of 
the  people ; such  proposition  [proclamation]  shall  be  prima  facie  evi- 
dence of  the  result  of  such  canvass  of  the  ballots.  Immediately  after 
making  such  proclamation  and  before  separating,  the  judges  shall  fold, 
in  two  folds,  and  string  closely  upon  a single  piece  of  flexible  wire  all 
ballots  which  have  been  counted  by  them,  except  those  marked 
objected  to,”  unite  the  ends  of  such  wire  in  a firm  knot,  seal  the  knot 
in  such  manner  that  it  can  not  be  untied  without  breaking  the  seal, 
inclose  the  ballots,  so  strung,  in  an  envelope  and  securely  tie  and  seal 
such  envelope  with  official  wax  impression  seals,  to  be  provided  by  the 
judges,  in  such  manner  that  it  can  not  be  opened  without  breaking  the 
seals  and  return  said  ballots,  together  with  the  package  containing  the 
ballots  marked  ‘‘  defective  or  objected  to,”  in  such  sealed  package  or 
envelope,  to  the  proper  clerk  or  to  the  board  of  election  commissioners, 
as  the  case  may  be,  and  such  officer  shall  carefully  preserve  said  ballots 
for  six  months  and,  at  the  expiration  of  that  time,  shall  destroy  them, 
by  burning,  without  previously  opening  the  package  or  envelope. 
Such  ballots  shall  be  destroyed  in  the  presence  of  the  official  custodian 
thereof  and  two  electors  of  approved  integrity  and  good  repute  and 
members  respectively  of  the  two  leading  political  parties.  The  said 
electors  shall  be  designated  by  the  county  judge  of  the  county  in  which 
such  ballots  are  kept : Provided,  that  if  any  contest  of  the  election  of 
any  officer  voted  for  at  such  election  shall  be  pending  at  the  expiration 
of  said  time  the  said  ballots  shall  not  be  destroyed  until  such  contest  is 
finally  determined.  In  all  cases  of  contested  elections  the  parties  con- 
testing the  same  shall  have  the  right  to  have  said  ballots  opened  and  to 
have  all  errors  of  the  judges  in  counting  or  refusing  to  count  any  bal- 
lot corrected  by  the  court  or  body  trying  such  contest ; but,  such  ballots 
shall  be  opened  only  in  open  court  or  in  open  session  of  such  body  and 
in  the  presence  of  the  officer  having  the  custody  thereof. 


2441 


Elections. 


542bb.  Vote  soliciting  — electioneering.]  §28.  IN'o  person  what- 
ever sliall  do  any  electioneering  or  soliciting  of  votes  on  election  day 
within  any  polling  ])lace  or  within  one  hundred  (100)  feet  of  any  poll- 
ing place  ; no  person  shall  interrupt,  hinder  or  oppose  any  voter  while 
approaching  the  polling  ])lace  for  the  purpose  of  voting.  Whoever 
shall  violate  the  provisions  of  this  section  shall  be  punished  by  a fine 
of  not  less  than  twenty-five  dollars  (§25)  nor  more  than  one  hundred 
dollars  ($100)  for  each  and  every  offense ; and,  it  shall  be  the  duty  of 
the  judges  of  election  to  enforce  the  provisions  of  this  section. 

542CC.  Voter  keep  ballot  secret  — interference  with.]  §29.  Any 
voter  who  shall,  except  as  hereinotherwise  provided,  allow  his  ballot  to 
be  seen  by  any  person  with  an  apparent  intention  of  letting  it  be  known 
how  he  is  about  to  vote,  or  who  shall  make  a false  statement  as  to  his 
inability  to  mark  his  ballot,  or  any  person  who  shall  interfere,  or 
attempt  to  interfere  with  any  voter  when  inside  said  inclosed  space  or 
when  marking  his  ballot,  or  who  shall  endeavor  to  induce  any  voter 
before  voting  to  show  how  he  marks  or  has  marked  his  ballot  shall  be 
punished  by  a fine  of  not  less  than  five  dollars  ($5)  nor  more  than  one 
hundred  dollars  ($100)  and  it  shall  be  the  duty  of  the  election  judges 
to  enforce  the  provisions  of  this  section. 

542dd.  Posters  or  supplies,  defacing  etc. — hindering  voter.]  § 30. 
Any  person  who  shall,  prior  to  an  election,  wilfully  destroy  or  deface 
any  list  of  candidates  posted  in  accordance  with  the  provisions  of  this 
act  or  who,  during  an  election,  shall  wilfully  deface,  tear  down,  remove 
or  destroy  any  card  of  instructions  or  specimen  ballot  printed  and  posted 
for  the  instruction  of  voters,  or  who  shall,  during  an  election,  wilfully 
remove  or  destroy  any  of  the  supplies  or  conveniences  furnished  to 
enable  voters  to  prepare  their  ballots,  or  shall  wilfully  hinder  the  vot- 
ing of  others,  shall  be  punished  by  a fine  not  less  than  ten  dollars  ($10) 
nor  more  than  one  hundred  dollars  ($100). 

542ee.  Certificate  of  nomination,  destroying  — spurious  ballots 
etc.]  § 31.  Any  person  who  shall  falsely  make  or  wilfully  destroy 
any  certificate  of  nomination  or  nomination  papers,  or  any  part  thereof, 
or  any  letter  of  withdrawal,  or  file  any  certificate  of  nomination  or 
nomination  paper  knowing  the  same  or  any  part  thereof  to  be  falsely 
made,  or  suppress  any  certificate  of  nomination  or  nomination  paper  or 
any  part  thereof  which  has  been  duly  filed,  or  forge  or  falsely  make  the 


Elkctions. 


244m 


official  indorsement  on  any  ballot  or  shall  take  from  the  polling  place 
any  official  ballot  or  substitute  therefor  any  spurious  or  counterfeit 
ballot,  or  make,  use,  circulate,  or  cause  to  be  made  or  circulated,  as 
an  official  ballot,  any  paper  ]:)rinted  in  imitation  or  resemblance  thereof, 
or  wilfully  destroy  or  deface  any  ballot,  or  wilfully  delay  the  delivery 
of  any  ballots,  shall  be  punished  by  a fine  not  less  than  one  hundred 
dollars  ($100),  and  not  exceeding  one  thousand  ($1,000)  dollars,  or  by 
imprisonment  in  the  penitentiary  not  less  than  one  year  and  not  exceed- 
ing five  years,  or  by  both  such  fine  and  imprisonment. 

542ff.  Officer’s  neglects.]  § 32.  Any  public  officer  u]3on  wdiom  a 
duty  is  imposed  by  this  act  who  shall  wilfully  neglect  to  perform  such 
duty,  or  who  shall  wilfully  perform  it  in  such  a way  as  to  hinder  the 
object  of  this  act,  shall  be  punished  by  a fine  of  not  less  than  $5  nor 
more  than  $1,000,  or  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year  and  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

Publication  of  act.]  Omitted ; its  purpose  served. 

542gg.  Polls,  opening  and  closing.]  § 3d.  At  all  elections  to 
which  this  act  applies,  except  at  elections  held  in  cities,  villages  and 
incorporated  towns  which  have  heretofore  adopted  or  may  hereafter 
adopt  the  provisions  of  an  act  entitled  “ an  act  regulating  the  holding 
of  elections  and  declaring  the  results  thereof  in  cities,  villages  and 
incorporated  towns,”  approved  June  19,  1885  (ante,  § 351),  the  polls 
shall  be  opened  at  seven  o’clock  in  the  morning  and  shall  be  closed 
at  five  in  the  evening. 

542hh.  Repeals  — reservations  — exceptions.]  § 35.  All  acts 
and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed  : Provided,  that  this  act  shall  not  be  construed  to  repeal  an 
act  entitled  “ an  act  regulating  the  holding  of  elections  and  declaring 
the  results  thereof  in  cities,  villages  and  incorporated  towns,”  approved 
June  the  19th,  1885,  or  any  of  the  amendments  thereto ; but  all  elec- 
tions in  cities,  villages  and  incorporated  towns  which  may  have  hereto- 
fore adopted  or  may  hereafter  adopt  the  said  act  shall  be  held  in  accord- 
ance with  the  provisions  of  the  aforesaid  act,  except  as  to  the  manner 
of  making  nominations  for  office,  the  manner  of  providing,  printing 
and  distributing  ballots,  the  form  of  ballots,  the  arrangement  and  the 
furnishing  of  polling  places  and  voting  booths,  and  the  manner  of  vot- 


244ii 


Elections. 


ing  and  tlie  iiumljering  and  preserving  of  ballots,  all  of  wliich  shall  be 
in  eonforinity  with  the  ])rovisions  of  this  act.  Iso  penalty  provided 
for  a violation  of  any  of  the  ])rovisions  of  this  act  shall  be  construed  as 
a substitute  for,  or  repeal  of,  any  penalty  provided  in  the  aforesaid  acts 
of  June  19,  1885,  for  a violation  of  any  of  the  provisions  of  said  act. 

Newspaper  publication  of  act.]  § 36.  Omitted. 

Primary. 

An  act  to  regulate  primary  elections  of  voluntary  political  associations, 

and  to  punish  frauds  therein.  [Approved  June  6,  1889.  In  force 

July  1,  1889.  L.,  1889,  p.  UO. 

543.  Act  when  to  govern.]  § 1.  Be  it  enacted  hy  the  people  of  the 
state  of  Illinois^  represented  in  the  general  asseinhly^  That  all  elections 
hereafter  to  be  holden  by  any  voluntary  political  association  or  party, 
for  any  candidate  for  any  office,  or  for  any  delegates  or  managing  com- 
mittee, or  for  the  nomination  of  candidates  for  public  office,  shall  be 
held  under  the  provisions  of  this  act,  whenever  any  committee  or  body 
authorized  by  the  rules  or  customs  of  such  political  association  shall  elect 
to  accept  and  act  under  such  provisions. 

544.  Acceptance  of  act  by  committees.]  § 2.  Whenever  it  shall 
be  the  desire  of  any  such  committee  or  body  that  such  election  shall  be 
held  under  the  provisions  of  this  act,  such  desire  and  acceptance  shall  be 
expressed  by  a resolution  duly  passed  by  such  committee  or  body,  which 
resolution  shall  state  that  such  election  will  be  held  under  the  provisions 
of  this  act  under  the  title  of  ‘‘  Primary  Election  Law.” 

545.  Time  and  place  of  election — judges  and  clerks  — proxies.] 

§ 3.  Said  committee  or  body  shall  fix  the  time  and  place  of  holding  such 
election  and  the  hours  between  which  the  polls  are  to  be  kept  open,  and 
the  polls  shall,  in  all  cases,  be  kept  open  from  1 o’clock  p.  m.  to  7 o’clock 
p.  M.,  of  the  day  on  which  the  election  is  held ; they  shall,  also,  appoint 
three  reputable  persons  to  act  as  judges  and  two  reputable  persons  to 
act  as  clerks  at  each  polling  place : Provided,  that  in  cities  and  towns 

or  villages  where  there  is  a board  of  election  commissioners  having 
jurisdiction  of  general  elections,  said  central  or  controlling  committee 
shall  select  the  judges  and  clerks  from  the  list  of  regular  election  judges 
and  clerks  in  each  ward,  or  voting  district,  to  serve  at  such  primary  elec- 
tion representing  the  political  association  or  party  calling  said  primary 


Elections. 


245 


election.  Said  judges  and  clerks,  together  with  the  central  committee- 
man who  acted  with  the  central  or  controlling  committee,  in  calling  said 
primary  election,  shall  be  ineligible  as  delegates,  alternates,  or  proxy, 
at  such  primary  election,  or  allowed  to  sit  as  such  in  any  convention,  meet- 
ing or  caucus,  held  for  the  election  to  which  said  primary  election  or 
elections  is  being  held. 

546.  Notice  of  election  — form  of.l  § 4.  At  least  ten  days  prior 
to  any  such  election  a notice  of  such  election  shall  be  published  in  some 
newspaper  or  newspapers  of  general  circulation  in  the  district,  ward, 
precinct,  towmship,  city  or  county  in  and  for  which  the  election  is 
called ; such  notice  must  be  signed  by  the  secretary  of  the  committee 
or  body  calling  such  election,  and  must  state  the  purpose,  time,  together 
with  the  place  or  places  of  holding  such  election,  with  a description 
of  each  primary  election  district,  and  the  three  persons  shall  he  named 
therein  who  are  appointed  for  each  polling  place  to  act  as  judges  and 
two  ])ersons  to  act  as  clerks  of  said  election,  and  who  shall  supervise  or 
preside  at  such  election  in  the  primary  election  district  for  which  they  are 
respectfully  [respectively]  appointed,  and  such  judges  and  clerks  shall 
be  legal  voters  and  householders  in  one  of  the  regular  election  precincts 
within  the  primary  election  district  for  which  they  are  named.  Such 
notice  shall  also  declare  that  such  election  therein  called  will  be  held  in 
pursuance  of,  and  subject  to  the  provisions  of  this  act,  under  the  title 
of  ‘‘Primary  Election  Law”,  and  any  election  held  in  pursuance  of  any 
notice  calling  for  an  election  under  the  “Primary  Election  Law”,  shall 
be  taken  and  deemed  to  be  an  election  under  this  law. 

547.  Judges’  and  clerks’  oath  — penalties.]  § 5.  The  persons 
named  as  judges  and  clerks  of  election  in  the  notice  required  by  section 
four  of  this  act,  or  any  persons  assuming  or  chosen  to  be  such  judges 
and  clerks  in  the  absence,  refusal  or  failure  to  act,  of  any  of  the  judges 
or  clerks  named  in  such  notice  shall  first  make  oath  or  affirmation  that 
they  are  legal  voters  and  householders  in  one  of  the  regular  election 
precincts  within  the  primary  election  district,  for  which  they  w^ere 
appointed  to  serve;  that  they  will  faithfully  and  correctly  conduct  such 
election,  protect  it  against  all  frauds  and  unfairness,  carefully  and  truly 
canvass  all  votes  cast  thereat,  and  in  every  way  conform  to  the  pro- 
visions of  this  act,  and  of  the  notice  for  the  election,  which  oath  may 
be  administered  by  any  one  of  the  judges,  or  by  any  person  authorized 
under  the  laws  of  the  state  to  administer  oaths.  And,  if  one  or  all  of 
the  judges  appointed  to  serve  at  the  election  be  absent  or  fail  or  refuse 
to  serve  at  the  hour  appointed  for  the  election  to  begin,  then,  the 
electors  present  to  the  number  of  not  less  than  five,  possessing  the 
qualifications  of  persons  entitled  to  vote  at  said  election,  shall  choose  a 
person  or  persons  to  fill  any  vacancy  that  may  exist.  Any  violation  of 
the  provisions  of  this  section  shall  be  deemed  a misdemeanor,  and  shall 
subject  the  offender,  on  conviction,  to  punishment  by  a fine  of  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  one  nor  more  than  six  months,  or 
by  both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 


Elections. 


240 

548.  Voters’  qualifications.]  § G.  Every  legal  voter  entitled  to 
vote  at  regular  elections  within  any  election  precinct,  included  within 
the  primary  district  of  which  he  is  a resident,  and  who  is  a member  of 
the  ])olitical  association  or  party  holding  the  primary  election,  shall  be 
entitled  to  vote  at  such  primary  election:  Provided,  that  in  cities, 
towns  or  villages  where  there  is  a board  of  election  commissioners  hav- 
ing jurisdiction  of  general  elections,  no  person  shall  be  allowed  to  vote 
unless  he  shall  be  a member  of  the  political  party  or  association  holding 
such  primary  election  and  shall,  upon  demand,  give  the  judges  his 
name  and  ])lace  of  residence,  and  he  shall  state,  u])on  like  demand  (if 
made),  that  he  has  not  voted  at  any  other  primary  election  held  by  any 
other  political  association  or  ]>arty  for  a period  of  one  year  prior  to  the 
date  of  the  primary  election  then  held.  He  shall  not  have  voted  at 
this  or  any  other  poll  at  any  primary  election  held  that  day,  nor  shall 
he  be  allowed  to  vote  unless,  in  addition  to  the  qualifications  herein- 
before prescribed,  he  is  a registered  voter  in  one  of  the  election  pre- 
cincts contained  within  the  primary  election  district  wherein  he  resides, 
and  it  shall  be  the  duty  of  the  board  of  election  commissioners  to  fur- 
nish and  distribute  among  the  judges  of  every  primary  election  held 
under  this  act,  complete  lists  of  the  registered  voters  in  each  election 
precinct  contained  within  their  respective  primary  election  districts. 
Any  person  who  is  not  a member  of  the  political  association  or  party 
holding  a primary  electioji  who  votes  at  such  primary  election  shall  be 
deemed  guilty  of  a misdemeanor  and  shall  be  subject,  on  conviction,  to 
punishment  by  a fine  of  not  less  than  fifty  dollars,  nor  more  than  two  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  six 
months,  or  by  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court ; and,  in  any  prosecution  for  the  violation  of  the  provisions  of  this 
act,  wherein  the  fact  as  to  the  political  party  or  association  to  which  the 
defendant  belongs  is  material,  such  membership  may  be  shown  by  evi- 
dence of  general  reputation  in  the  neighborhood  where  said  defendant 
resided  at  the  time  of  committing  the  alleged  offense  as  to  the  political 
party  or  association  to  which  he  belonged. 

549.  Election  districts  — election  of  delegates.]  §T.  The  com- 
mittee or  body  electing  to  hold  a primary  election  under  tliis  act,  shall 
divide  the  district,  ward,  toAvnship,  city,  town  or  village  into  primary 
election  districts,  such  primary  election  districts  shall  be  formed  of 
contiguous  election  precincts  in  as  nearly  compact  form  and  as  nearly 
equal  as  circumstances  will  permit ; and  no  such  primary  election  dis- 
trict shall  be  formed  which  shall  contain  more  than  800  voters  of  the 
political  association  or  party  holding  the  primary  election,  the  number 
of  such  voters  to  be  determined  by  the  vote  cast  at  the  last  preceding 
presidential  election.  At  any  primary  election  held  under  this  act,  the 
voters  of  each  of  such  primary  election  districts  entitled  to  vote  at  such 
election  shall  choose  their  own  representatives  or  delegates. 

550.  Challenge  of  voters  — examination  as  to  qualification  — 
swearing  in  votes  — penalties.]  § 8.  It  shall  be  the  duty  of  the 
judges  of  said  election  to  entertain  objections  made  by  any  qualified 


Elections. 


247 


elector,  within  his  own  primary  election  district,  to  any  vote  which 
may  be  offered,  on  the  ground  that  the  person  offering  it  is  not  a citi- 
zen of  the  United  States,  or  a legal  resident  and  voter  under  the  general 
election  laws  of  the  state,  of  the  election  precinct,  ward,  township,  dis- 
trict, city,  town  or  village  for  which  the  election  is  held ; or  that  he 
is  not  a member  of  the  association  or  party  holding  such  election,  or,  in 
case  such  person  offering  to  vote  should  be  reo^istered  hy  the  terms  of 
this  act,  that  he  is  not  a registered  voter,  or  that  he  has  received  or 
been  promised,  directly  or  indirectly,  any  money,  fee  or  reward  for  his 
vote  for  any  candidate,  or  that  he  has  voted  before  at  that  place  or 
some  other  place  on  that  day,  or  at  the  same  election  ; and  it  shall  be 
the  duty  of  one  of  the  judges  of  the  election,  if  such  objection  be  not 
withdrawn,  to  administer  to  the  person  so  offering  to  vote,  an  oath  or 
affirmation  to  the  general  effect  that  he  will  truly  testify  to  all  matters 
relating  to  his  qualifications  under  the  general  election  laws  of  the  state, 
to  his  residence,  citizenship,  the  political  party  or  association  to  which  he 
belongs,  receiving  or  being  promised,  directly  or  indirectly,  any  money, 
fee  or  reward  for  his  vote  from  any  candidate,  or  any  other  person, 
or  whether  he  had  voted  at  that  or  any  other  place  on  that  day  at 
such  election,  either  in  his  own  name  or  that  of  another,  or  under  an 
assumed  name.  It  shall  then  be  the  duty  of  the  judges  to  interrogate 
the  persons  so  objected  to  as  to  all  matters  in  particular  upon  which 
said  objection  was  made,  and  generally,  as  to  all  of  his  qualifications  as 
ail  elector  .at  such  election.  If  the  person  so  objected  to  shall  refuse  to 
answer  any  questions  asked,  after  said  oath  or  affirmation  shall  have 
been  administered,  or  shall  refuse  to  take  such  oath,  it  shall  be  the  duty 
of  the  judges  to  reject  such  vote,  and  they  shall  also  reject  such  vote 
unless  sucli  person  shall  file  with  them  a written  or  printed,  or  partly 
written  or  printed,  statement  by  him,  signed  under  oath,  that  he  is 
a qualified  voter  of  the  election  district  in  which  such  ekction  is  held, 
and  entitled  to  vote  at  such  election;  and,  unless  such  statement  shall 
be  accompanied  by  a similar  statement  of  some  person  known  to  at 
least  one  of  the  judges  to  be  a qualified  votor  in  that  district,  to 
the  effect  that  he  knows  the  person  so  challenged  and  that  his  state- 
ment is  true,  which  said  last  statement  must,  also,  be  subscribed  by 
the  party  making  it.  Such  statement  must,  in  all  cases,  expressly 
state  that  the  person  making  it  is  a member  of  the  political  asso- 
ciation or  party  holding  the  election.  If  such  statements  'shall  be 
filed  and  such  oath  be  taken  and  such  questions  answered  in  such  a 
manner  as  to  show  that  the  applicant  is  qualified  to  vote  at  such 
election,  it  shall  be  the  duty  of  the  judges  of  the  election  to  receive 
such  vote,  and  the  word  ‘‘sworn  ” shall  be  noted  op]:»osite  the  person’s 
name  on  the  poll  lists,  to  be  kept  as  hereinafter  provided.  Any  viola- 
tions of  the  provisions  of  this  section  by  the  judges  of  the  election,  or 
either  of  them,  shall  be  deemed  a misdemeanor  and,  upon  conviction, 
shall  subject  the  pai’ty  so  offending  to  punishment  by  a fine  of  not  less 
than  one  hundred  dollars  nor  more  than  three  hundred  dollars,  ^r  by 
imprisonment  in  the  county  jail  for  not  less  than  two  nor  more  than 


Elkctioxs. 


six  montlis,  or  by  both  siicli  fine  and  imprisonment,  in  tlie  discretion  of 
the  court;  and,  any  person  who  shall,  upon  taking  such  oath  or  affirma-' 
tion  and  under  the  examination  herein  authorized,  or  in  the  written 
statements  herein  required,  wilfully  make  a false  statement  as  to  a 
matter  ])ertinent  and  material  in  such  examination,  shall  be  deemed 
guilty  of  ])erjury,  and,  upon  conviction  thereof,  be  punished  as  pre- 
scribed by  law  for  such  offense. 

551.  Offenses  and  penalties.']  § 9.  Whoever  fraudulently  votes 
more  than  once  at  any  primary  election,  or  offers  to  vote  after  having 
voted  once  at  such  election,  or  knowing  that  he  is  not  a qualified  voter 
at  such  election,  wilfully  votes  or  offers  to  vote  at  such  election  ; or 

Second — Wilfully  aids  or  abets  ari}^  one  not  qualified  to  vote  at 
such  primary  election  in  voting  or  attemj^ting  to  vote  at  such  election  ; 
or 

Third  — By  offering  a reward  or  bribe,  or  by  treating  or  giving  to  him 
any  spirituous,  malt  or  other  liquors,  either  directly  or  indirectly,  influ- 
ences or  attempts  to  influence  any  voter  in  giving  or  withholding  his 
vote  at  such  election;  or 

Fourth — Furnishes  a voter  with  a ticket  or  ballot  informing  him  that 
it  contains  a name  or  names  different  from  those  which  appear  thereon, 
with  intent  to  induce  him  to  vote  contrary  to  his  intentions;  or 

Fifth  — Fraudulently  or  deceitfully  changes  a ballot  of  a voter,  with 
intent  to  prevent  such  voter  from  voting  for  such  person  as  he  intended  ; 
or 

Sixth  — Endeavors  to  prevent  the  voting  of  any  voter,  or  the  exercise 
of  lawful  influence  by  an}^  person  over  a voter  at  such  election  for  him- 
self or  for  or  against  any  person,  by  means  of  violence,  or  threats  of  vio- 
lence, or  threats  of  withdrawing  custom,  or  dealing  in  business  or  trade, 
or  enforcing  the  payment  of  a debt,  or  bringing  a suit  or  criminal  pro- 
secution, or  any  other  threat  of  injury  to  be  inflicted  by  him  or  by  such 
means  ; or 

Seventh  — By  bribery  or  corrupt  or  unlawful  means,  prevents  or  at- 
tempts to  prevent  any  voter  from  attending  or  voting  at  such  election  ; 
or 

Eighth  — (fives  or  offers  to  give  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  such  election,  as  a consideration  for  some  act  to  be 
done  or  omitted  to  be  done  contrary  to  his  duty  in  relation  to  such 
election,  or  shall  interfere  with  or  disturb  in  any  manner,  any  election 
held  under  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a misde- 
meanor and,  on  conviction  thereof,  shall  be  punished  by  a fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  two  nor  more  than  six  months,  or  both  such  fine  and  im- 
]u*isonment,  in  the  discretion  of  the  court. 

552.  Qualifications,  limitation  on  — challengers  — poll  list.  | 
§ lU.  The  judges  of  such  primary  election  or  elections  shall  not  require 
any  other  or  further  qualifications  of  voters  at  such  primary  election  than 
those  provided  in  this  act,  and,  they  shall  j^ei’init  a challenger  for  each 
adverse  interest  or  party  in  the  result  of  such  primary  election  to  be  and 


Elections. 


249 


remain  within  each  polling  place,  where  such  primary  election  is  being 
held,  and  give  ample  time  and  opportunity  to  any  challenger  or  any 
other  person  to  challenge  each  vote  as  the  same  is  presented ; and,  chal- 
lengers shall  be  residents  of  the  primary  districts  for  which  they  are 
chosen.  The  poll  list  shall  contain  the  name  of  each  voter,  with  his 
residence,  in  the  order  which  the  votes  were  cast,  and  the  judges  and 
clerks  shall  see  to  it  that  the  ballot  cast  by  each  voter  shall  receive  the 
same  number  that  is  entered  opposite  the  name  of  such  voter  on  such 
poll  list,  in  the  order  of  and  as  the  votes  are  cast. 

553.  Poll  and  tally  lists,  form  of.]  § 11.  The  following  is,  sub- 
stantially, the  form  of  the  poll  lists  and  tally  lists  to  be  kept  by  the  judges 
of  election  : 

TOLL  LIST. 


Of  the  primary  election  held  in  the primary  election  district  of  the 

ward  of. in  the  county  of on  the day 

of in  the  year A.  B.,  C.  D.,  and  E.  F.  judges;  and  A.  B.  and 

C.  D.,  clerks  of  said election,  were  respectively  sworn  (or  affirmed)  as  the 

law  directs,  previous  to  their  entering  on  the  duties  of  their  respective  offices. 
Number  and  name  of  electors  voting  : 

No.  Name  and  residence.  No.  Name  and  residence. 

1 A.  B.  3 E.  F. 

2 C.  D.  4 G.  H. 

We  hereby  certifv  that  the  number  of  electors  voting  at  this  election  is 

A.  B., 

C.  D., 

E.  F., 

Judges  of  Election. 

A.  B., 

C.  D., 

Clerks. 


TALLY  LIST. 


Names  of  persons  voted  for  ; and  for  what  position,  and  number  of  votes  given  for 
each  candidate: 

We  hereby  certify  that  A.  B.  had ...  .votes  for and  C.  D.,  and 

votes  for ; that  E.  F.  had votes  for 

etc. 

A.  B., 

C.  D., 

E.  F., 

Judges  of  Election. 

A.  B., 

C.  D., 

Clerks. 


554.  Oaths,  administering  thereof.]  §12.  Any  one  of  the  judges 
may  administer  and  certify  oaths  required  to  be  administered  during  the 
progress  of  an  election  held  under  this  act. 

555.  Ballots,  form  of.]  § 13.  When  the  primary  election  is  held 
for  the  election  of  delegates  the  ballots  shall  be  written  or  printed,  or 
partly  written  and  partly  printed,  and  when  printed  or  partly  printed 
and  partly  written  they  shall  be  upon  plain  white  paper  without  dis- 
tinguishing marks,  the  paper  to  be  common  print  paper  and  the  ballots 
to  be  3^  by  6 inches  in  size. 

556.  Exhibition  of  ballot  box.]  § 14.  Before  receiving  any  bal- 
lots the  board  must,  in  the  presence  of  the  persons  assembled  at  the 


32 


2f)0 


Elections. 


polling  ])lace,  open  and  exhibit,  and  tlien  close  the  ballot  box;  and, 
thereafter  it  must  not  be  removed  from  tlie  ])olling  jilace,  nor  the  view 
of  the  bystanders  until  all  the  ballots  are  counted,  nor  must  it  be 
0])ened  until  after  the  ])olls  are  tinally  closed. 

557.  Opening  of  polls,  proclamation,]  § 1.5.  Before  the  judges 
receive  any  ballots,  they  must  cause  it  to  be  proclaimed  aloud,  at  the 
place  of  election,  that  the  polls  are  open. 

558.  Closing  of  polls,  proclamation.]  § IG.  Fifteen  minutes  be- 
fore the  time  when  the  polls  are  to  be  closed  the  fact  must  be  pro- 
claimed aloud  at  the  place  of  election,  and  after  the  polls  are  closed,  no 
ballots  must  be  received. 

559.  Canvass  of  votes  — proclamation  of  result.]  § IT.  As 

soon  as  the  ])olls  are  finally  closed,  the  judges  and  clerks  must  imme- 
diately proceed  to  canvass  the  votes  given  at  such  election.  The  can- 
vass must  be  public,  in  the  presence  of  the  bystanders,  and  must  be 
continued  without  adjournment  until  completed,  and  the  result  thereof 
is  declared,  and  must,  also,  be  conducted  at  the  polling  place  where  the 
election  is  held,  where,  also,  the  result  as  to  each  candidate  voted  for 
must  be,  immediately  on  the  completion  of  such  canvass,  publicly  pro- 
claimed by  each  one  of  the  judges  successively,  in  a loud  voice,  and 
such  proclamation  shall  be  prima  facie  evidence  of  the  result. 

560.  Canvass,  how  conducted.]  § 18.  In  conducting  the  canvass  the 
judges  shall  first  count  the  wliole  number  of  ballots  in  the  box,  and  if  the 
number  of  such  ballots  shall  be  found  to  exceed  the  number  of  names 
entered  on  the  polling  lists  they  shall  reject  the  ballots,  if  any  be  found 
upon  which  no  number  is  marked,  or  so  many  thereof,  without  open- 
ing the  same,  or  examining  or  looking  at  the  names  thereon,  as  may  be 
necessary  to  make  the  number  of  ballots  correspond  to  the  number  of 
names  entered  on  the  polling  lists;  but,  if  the  number  of  ballots,  after 
rejecting  all  the  unnumbered  ballots,  still  exceeds  the  number  of  natnes 
entered  on  the  polling  lists,  they  shall  be  replaced  in  the  box,  and  one 
of  the  judges  shall  publicly  draw  out  and  destroy  so  many  ballots,  un- 
opened, and  without  examining  them,  as  shall  be  equal  to  such  excess. 

561.  Judges’  certificate  to  tally  list.]  § 19.  The  number  of  ballots 
agreeing,  or  being  thus  made  to  agree,  with  the  number  of  names  on 
the  list,  the  lists  must  be  signed  by  the  judges  and  clerks  of  election, 
and  the  number  of  names  thereon  must  be  set  down  in  words  and 
figures  at  the  foot  of  each  list,  and  over  the  signatures  of  the  judges, 
substantially  in  the  form  prescribed  in  section  eleven. 

562.  Count  of  ballots.]  § 20.  After  the  lists  are  thus  signed,  the 
judges  must  proceed  to  count  and  ascertain  the  number  of  votes  cast 
for  each  person  voted  for.  The  ballots  must  be  taken  out  and  opened 
by  one  of  the  judges  and,  by  him,  distinctly  read  aloud  and  inspected 
by  the  other  two  judges. 

563.  Poll  lists  — what  to  show.]  § 21.  The  clerks  must  write 
down  each  office  or  position  to  be  filled,  and  the  name  of  each  person 
voted  for  to  fill  such  office,  and  keep  the  number  of  votes  for  each 
person  for  each  office  by  tallies  as  they  are  read  aluud. 


ElECTIO^[S. 


251 


564.  Certificate  of  result.]  § 22.  As  soon  as  all  tlie  votes  are 
counted,  there  must  be  attached  to  the  tally  lists  containing  the  names 
of  the  persons  voted  for  and  for  what  office,  and  the  number  of  votes 
given  for  each  candidate,  the  number  being  written  at  full  length,  and 
such  lists  must  be  signed  by  the  judges  and  clerks,  substantially  in  the 
form  given  in  section  eleven. 

565.  Deposit  of  poll  and  tally  lists.]  § 23.  After  counting  the 
votes,  proclaiming  the  result,  and  signing  the  lists,  as  above  provided, 
and  cause  the  statements  provided  for  in  section  eight,  and  one  copy 
of  the  lists  to  be  delivered  to  the  secretary  signing  the  notice  of 
election,  and  one  of  the  judges  must  retain  the  other  lists  together 
with  the  ballots,  for  twenty  days  after  the  election,  and  such  state- 
ments and  lists  returned  to  the  said  secretary  shall  be,  by  him,  after 
the  expiration  of  twenty  days,  delivered  to  the  county  clerk  of  the 
county  in  which  such  election  was  held,  and,  by  that  officer,  kept  with 
the  other  books  and  papers  of  his  office  open,  like  other  public  records, 
to  public  inspection,  for  the  space  of  three  months,  at  the  end  of  which 
time,  if  no  legal  proceedings  have  been  instituted,  in  which  such  lists 
or  statements  may  be  useful  as  evidence,  said  county  clerk  may  then 
destroy  the  same. 

1.  Assent  of  the  people  to  taxation  is  manifested  by  a vote  adopting  a law  which 
calls  for  expenditure;  Wetherell  v.  Devine,  110  111.,  631. 

566.  Certificate  to  successful  candidate.]  § 2-t.  The  primary 
election  judges  or  a majority  of  them  must  issue  certificates  of  election 
to  all  persons  who  are  chosen  to  fill  any  position  by  the  vote  of  their 
primary  election  district. 

567.  Penalties,  not  otherwise  declared.]  § 25.  If  any  person  shall 
be  guilty  of  any  violation  of  this  act,  for  which  no  punishment  is  herein 
especiallv  provided  for,  he  shall  be  deemed  guilty  of  a misdemeanor 
and,  upon  conviction  thereof,  shall  be  fined  not  less  than  fifty  dollars, 
nor  more  than  two  hundred  dollars,  or  imprisoned  in  the  county  jail 
not  less  than  one  month  nor  more  than  six  months,  or  punished  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

568.  Repeal.]  §26.  An  act  to  regulate  primary  elections  of  volun- 
tary political  associations  and  to  punish  frauds  therein,  approved  June 
22,  1885,  is  hereby  repealed. 

An  act  to  prevent  and  punish  illegal  voting  at  primary  elections.  [Ap- 
proved June  20,  1885.  In  force  July  1,  1885.  L.,  1885,  p.  187. 

569.  Primary  election  — who  may  not  vote  at.]  § 1.  Be  it  en- 
acted hy  the  'people  of  the  state  of  Illinois^  represented  in  the  general 
assembly,  That,  it  shall  be  unlawful  for  any  person  to  vote  at  any 
priniRry  election,  or  at  any  election  called  to  select  delegates  to  any  con- 
vention, called  either  for  the  purpose  of  nominating  a candidate  or 
candidates  for  any  elective  office,  or  for  the  purpose  of  selecting  other 
delegates  to  such  convention,  unless  such  person  so  voting  or  offering 
to  vote  would  be  a qualified  elector  in  the  district  embraced  within  the 
call  for  said  primary  election,  if  the  same  was  a general  or  special  elec- 


252 


Eminent  Domain. 


tioii,  held  under  and  in  conformity  witli  the  general  election  laws  of 
this  state. 

570.  Violation  of  act  ~ penalty.]  § 2.  Any  person  violating  the 
provisions  of  this  act  shall,  on  conviction  thereof,  l)e  fined  in  any  sum 
not  less  than  one  linndred,  nor  more  than  five  hundred,  dollars,  or  im- 
prisoned in  the  comity  jail  not  less  than  three  nor  more  than  six 
months,  or  both,  in  the  discretion  of  the  court. 


10.  EMINENT  DOMAIN. 


Section. 

571.  (bmpensation  ascertained  by  a jury. 

572.  Proceedings — parties. 

573.  When  petition  is  })resented  in  vaca- 

tion. 

574.  Service  of  summons  — notice. 

575.  Hearing  — several  tracts  in  — amend- 

ment — ue  \v  parties  — practice . 
570.  Jury  — wlien  bearing  is  in  vacation. 

577.  Impaneling  jury. 

578.  Oath  of  jury. 

579.  View  of  premises  — verdict. 


Section. 

580.  J udgment  — payment. 

581.  Cross  petition. 

582.  Appeal. 

583.  Right  to  use  land  on  giving  bond  in 

case  of  appeal. 

584.  Payment  — to  whom  it  may  be  made. 

585.  Judgment  to  be  entered  of  record. 
580.  Repeal . 

587.  Lands  of  state  institutions  not  to  be 
taken . 


An  act  to  provide  for  the  exercise  of  the  right  of  eminent  domain, 

[Approved  April  10,  1872.  In  force  July  1,  1872.  L.  1871-2, 
p.  402.  R.  S.,  1874,  ch.  47. 

1.  The  right  of  eminent  domain,  by  which  private  property  may  be  taken  for  pub- 
lic use,  is  a sovereign  power.  This  power  may  be  exercised  ad  libitum  by  the  legis- 
lature— if  just  compensation  be  made  to  the  owner;  Johnson  v.  Jol.  & C.  RR.  Co., 
23  111.,  202. 

2.  The  power  to  exercise  the  right  of  eminent  domain  can  be  exercised,  under  the 
constitution  (art.  2,  § 13),  only,  by  making  just  compensation;  Chicago  o.  Lamed,  34 
111.,  203. 

3.  The  exercise  of  the  power  of  eminent  domain  can  not  be  so  abridged  as  to  pre- 
vent the  legislature  from  appropriating  the  property  and  franchises  of  incorporated 
companies,  where  the  public  exigency  demands  it.  Whatever  exists,  in  any  form — 
tangible  or  intangible  — is  subject  to  the  exercise  of  this  power;  Met.  C.  Ry.  Co.  v. 
Chi.  W.  D.  Ry.  Co.,  87  111.,  317;  as  to  an  estate  for  years;  ('hicago  v.  Carrity,  7 
App.,  474. 

4.  The  doctrine  of  eminent  domain  is  applicable,  only,  to  the  condemnation  of 
property  — not  to  the  levy  and  collection  of  a tax;  Hessler  v.  Drain.  Comm.,  53  111., 
105;  Harward  i\  St.  Clair  Drain  Co.,  51  111.,  130. 

5.  The  phrase  “ private  property  ”,  includes  the  right  of  user  and  enjoyment  of  the 
property;  E.  St.  L.  v.  0 Flynn,  19  App.,  07. 

571.  Compensation — jury.]  § 1.  Be  it  enacted  hy  the  people  of 
the  state  of  Illinois  ^represented  in  the  general  assembly^  That,  private 
property  shall  not  be  taken  or  damaged  for  public  use  without  just 
compensation  ; and,  that,  in  all  cases  in  which  compensation  is  not  made 
by  the  state  in  its  corporate  capacity,  such  compensation  shall  be  ascer- 
tained by  a jnry,  as  hereinafter  prescribed. 

1.  This  section  and  article  2,  section  13,  of  the  constitution  have  no  reference  to  special 
taxation  of  contiguous  propertv.  for  local  improvements  by  cities  etc.;  People  r. 
Stuart,  97  111.,  123;  White  v.  People,  94  111..  604. 


Eminent  Domain. 


253 


2.  It  would  be  moustrous  that  a city — in  this  case,  Chicago  — should,  at  pleasure 
make  changes  in  a river,  so  as  to  render  buildings  and  wharves  an  obstruction,  and, 
then,  require  their  removal  without  compensation;  Chicago  o.  Lafiin,  49  111.,  172. 

3.  Just  compensation  isthe  sum  allowed  and  paid  one,  whose  property  is  taken,  equiva- 
lent to  the  value  of  that  which  is  taken;  Chi.  & A.  RR.  Co.  i\  Goodwin,  111  111.,  288. 

4.  Just  compensation  is  an  indemnity  for  all  the  land  owner  may  sufFer  from  all 
the  future  consequences  of  the  careful  and  prudent  operation  of  the  proposed  struc- 
ture or  improvement;  C.  & E.  I.  RR.  Co.  v.  Loeb,  118  111.,  206. 

5.  All  such  damages  as  are  reasonably  probable  — as  di.stinguished  from  possible, 
speculative  or  remote  — form  proper  basis  of  recovery;  C. , B.  & N.  RR.  Co.  v.  Bow- 
man, 122  111.,  598. 

6.  The  compensation  for  property  damaged,  as  well  as  taken  — when  not  made  by 
the  state  — must  be  ascertained  by  a jury;  Kine  v.  Defenbaugh,  64  111.,  291;  People 
V.  M’Robers,  62  111.,  38. 

7.  The  determination  of  what  is  “just  compensation”  for  private  property,  when 
taken  for  public  use,  is  a judicial  act  — which  can,  properly,  be  performed,  only,  by 
the  judicial  department  of  the  government;  Cook  v.  S.  P.  Comm.,  61  111  , 115;  Rich 
«.  Chicago,  59  111.,  286. 

8.  The  only  question,  for  the  jurv  is  the  amount  of  damages  to  be  assessed;  De- 
Buol  V.  F.  & M.  R.  Ry.  Co,  111  111.,  503. 

9.  The  right  of  the  state  to  take  private  property  for  public  uses  can  not  be  asserted 
by  mere  legislative  enactment;  Cook  i\  S.  P.  Comm.,  61  111.,  115. 

10.  The  laws  in  force  at  the  time  a city  enters  on  a public  improvement  — us  of  a 
street,  by  changing  its  grade  — fixes  and  determines  the  right  of  a property  holder  to 
damages.  Subsequent  legislation  can  not  change  this;  Elgin  v.  Eaton,  83  111.,  535. 

11.  The  compensation  to  be  paid  for  land,  on  condemnation,  is  fixed  by  its  value  at 
the  date  of  petition  filed;  Cone.  C.  Asso.  v.  M.  & N.  W.  RR.  Co.,  121  ill.,  203;  C.  & 
L.  S.  RR.  Co.  V.  Cath.  Bish.,119  111.,  526;  Schreiber  t?.  Chi.  & E.  RR.  Co.,  115  111., 
343;  Dukins  v.  Chi.  & N.  W.  Ry.  Co.,  115  111.,  543;  S.  P.  Comm.  v.  Dunlevy,  91  111.,  43. 

12.  All  special  damages — present  and  prospective — from  the  proper  construction, 
maintenance  and  operation  of  a railroad,  constitute  as  to  a land  owner  one  single,  in- 
divisible cause  of  action;  O.  & M.  Ry.  Co  v.  Watcher,  121  111.,  441. 

13.  Damages  — present  and  prospective  — to  contiguous  land  are  immediately  re- 
coverable when  a railroad  is  constructed  and  put  iu  operation;  they  must  all  be  re- 
covered in  one  action,  which  is  barred  in  five  years;  C,  & E.  I.  RR.  Co,  i\  M’Aulev, 
121  111.,  160. 

14.  Right  of  way  condemned.  Owner  is  entitled  to  the  value  of  land  taken  and  all 
damages  to  the  residue,  past,  present  and  future,  which  the  use  may  "easonablv  nro- 
duce;  C.,  R.  I.  & P.  Ry.  Co.  v.  Smith,  111  111.,  371. 

15.  Compensation  for  land  taken  must  be  based  on  the  fair  cash  value  at  the  time  of 
condemnation;  Calu.  R.  Ry.  Co.  v.  Moore,  124  111.,  332. 

16.  Compensation  is  the  market  value  of  lauds  to  be  taken,  having  regard  to  the 
location  and  advantages  of  situation  and  the  purposes  for  which  it  is  designed  and 
used;  C.,  B.  & N.  RR.  Co.  v.  Bowman,  122  111.,  598. 

17.  The  true  test  is  the  market  value;  but,  reference  may  be  had  not  only  to  the 
uses  to  which  the  land  is  applied,  but  to  its  capabilities.  A mine  or  a water  pow'er, 
although  as  yet  not  utilized,  adds  to  the  value  of  land  and  this  may  be  considered; 
Ilaslam  v.  Gal.  & I.  W.  RR.  Co..  64  111.,  353. 

18.  In  considering  the  compensation  to  be  paid  for  laud  the  price  at  which  the  pro- 
perty would  sell  for  under  special  circumstances  is  not  the  test;  it  is  the  fair  cash 
value  on  the  assumption  of  willingness  of  the  parties  to  sell  and  buv:  Brown  v.  Calu. 
R.  Ry.  Co.,  125  111.,  667. 

19.  Land  taken  for  public  use;  owner  is  entitled  to  the  value  of  land  actually  taken 
without  regard  to  supposed  benefits  from  the  improvement;  Harwood  v.  Blooming- 
ton, 124  111.,  49. 

20.  Value  of  the  land  to  the  party  taking  is  not  for  consideration.  The  question 
is  just  compensation  to  the  owner;  DeBuol  v.  F.  & M.  R.  Ry.  Co.,  Ill  111.,  504. 

21.  The  measure  of  damages  for  land  to  be  taken  is  its  fair  cash  market  value; 
Dupuis  i?.  Chi.  & N.  W.  Ry.  Co.,  115  111.,  99;  C.,  E.  & L.  S.  RR.  Co.  v.  Cath.  Bish., 
119  111.,  526. 

22.  Property  sought  to  be  condemned  having  a market  value  — not  being  devoted 
to  a particular  use  — such  market  value  is  the  measure  of  compensation;  Chi,  & X, 
VV.  RR.  Co.  V.  Chi.  & E.  RR.  Co.,  112  111.,  604. 


31 


Eminent  Domain. 


‘23.  I’roporty  sought  to  bo  comlomiuid  liaviiig  no  market  value  — owing  to  its  par- 
ticular use  — its  value  must  IxMletermined  by  the  use  to  which  it  is  a])plied;  Chi.  & 

X.  vv.  mi.  Co.  V.  Chi.  & K.  mi.  Co.,  ii‘2  in.,  oo4-8. 

24.  In  sucli  case,  tlie  value  of  neighboring  land,  difTerently  used,  may  be  shown  as, 
feeblv,  tending  to  show  a value;  Chi.  & N.  \V.  RH.  (’o.  v.  Chi.  & E.  RR.  Co.,  112 

111.,  G08. 

2d.  No  evidcmce  of  any  actual  ]>resent  market  value  nor  of  sales  of  like  property 
nearer;  sales  of  ])rairie  laud  a mile  distant  will  tend  to  show  the  value  of  prairie  laud 
involved;  C'onc.  C.  Asso.  v.  M.  & N.  W.  RR.  C’o.,  121  111.,  2()3. 

20.  Part  of  a lot  sought  to  be  taken;  just  com])ensation  for  the  pait  is  its  fair  cash 
or  market  value  when  considered  in  its  relation  to  and  as  part  of  the  entire  lot  — not 
its  value  as  a distinct  piece  of  property;  Chi.  & E.  RR.  Co.  v.  Blake,  110  111.,  105. 

27.  4'he  ascertainment  of  the  just  compensation  to  the  owner,  for  the  taking  away 
of  a part  of  his  lot,  necessarily,  involves  the  consideration  of  the  value  of  the  whole 
property  intact  and  the  value  of  that  part  not  taken  after  the  proposed  part  shall 
have  been  taken;  Bloomington  v.  Miller,  84  111.,  021;  Green  v.  Chicago,  97  111.,  370. 

28.  It  is  not  error  to  admit  evidence  tending  to  show  the  capabilities  of  property; 
it  would  be  error  to  admit  a plan  of  a contemplated  structure  to  enhance  value;  Chi. 
& E.  RR.  Co.  r.  Blake,  110  111.,  105. 

29.  The  market  value  of  land  is  not  confined  to  any  one  particular  use.  The  value 
for  anv  ]>uri)ose  for  which  it  mav  be  adapted  may  be  proved;  DeBuol  v.  F.  & M.  R. 
Ry.  C’o.,  Ill  111.,  505. 

30.  In  determining  the  market  value  reference  may  be  had  both  to  its  use  and  its 
cajjacity  for  other  uses;  C..  E.  & L.  S.  RR.  Co,  v.  C’ath.  Bish. , 119  111.,  520. 

31.  The  owner  of  land  is  entitled  to  the  highest  price  for  which  his  laud  can  be 
sold  for  any  pur))ose;  Cone.  Cem.  Asso.  o.  M.  & X.  W.  RR.  Co.,  121  111.,  203. 

32.  Part  of  land  taken,  it  having  a greater  value  as  connected  with  the  whole  than 
as  a separate  |)iece;  damages  are  the  fair  cash  value  as  a part  of  the  whole;  C.,  B.  & 
X^.  RR.  C’o.  t'.  Bowman,  122  111.,  598. 

33.  The  present  market  value  of  land  to  be  expropriated  is  the  true  basis  of  com- 
pensation. A jury  may  consider  its  adaptability  to  uses  which  enhance  that  value; 
Reed  v.  0.  & M.  Ry.  Co.,  120  111.,  49. 

34.  Ordinarily  the  question  is  the  market  value  of  the  land  to  be  taken.  It  is 
]>roper  to  show  value  for  any  special  use;  but,  probable  profits  to  arise  from  a use  of 
a part  is  too  remote;  DeBuol  F.  & M.  R.  Ry.  C'o.,  Ill  111.,  505. 

35.  Land  to  be  taken  having  an  intrinsic  value  because  of  its  use;  compensation  is 
the  value  thereof  for  the  use  or  purpose  to  which  it  is  devoted;  Dupuis  i\  Chi.  & X. 
W.  By.  Co.,  115  111.,  99. 

30.  Property  liaving  a special  value,  from  any  cause;  such  value  belongs  to  the 
owner  and  he  is  entitled  to  be  therefor  paid;  Johnson  v.  F.  & M.  R.  Rv.  Co.,  Ill  111., 
419-20. 

37.  Compensation  for  land  taken  is  to  be  estimated  with  reference  to  the  u.ses  for 
which  it  is  suitable  in  its  then  condition;  location,  situation,  quality  and  the  business 
wants  of  the  locality  or  reasonably  to  be  expected  in  the  near  future  being  consid- 
ered: C’alu.  R.  Ry.  Co.  v.  Moore,  124  111.,  332. 

38.  In  a proceeding  to  condemn  for  railroad  uses  the  compensation  is  its  value  “ for 
anv  purposes  for  which  it  was  shown,  by  the  evidence,  to  be  available”,  it  is  impro- 
per to  instruct  to  confine  its  worth  “as  land,  as  it  is  at  this  time,  as  shown”  etc.; 
Reed  r.  O.  & M.  Ry.  Co.,  120  111.,  49. 

39.  Laud  used  for  a particular  purpose  or  the  owner  restricting  the  use  he  will  per- 
mit, not  binding  on  him  by  the  nature  of  his  tenure;  he  may  recover  its  value,  from 
its  capacitv  and  adaptabilitv  for  other  uses;  C.,  E.  & L.  S.  RR.  Co  v.  Cath.  Bish.,  119 

111.,  5‘20. 

40.  Owner  restricted,  by  statute  or  conveyance  or  in  any  binding  way,  to  a i^articu- 
lar  use  of  the  land,  so  that  he  can  not  apply  it  to  some  other  use,  his  compensation 
is  the  value  to  him  for  the  special  use;  C.,  E.  & L.  S.  RR.  Co.  r.  Cath.  Bish.,  119 

111.,  520. 

41.  River  lots  available  for  dockage  in  future;  if  that  fact  enhances  present  value 
it  is  an  element  of  damages;  Calu.  R.  Ry.  Co.  v.  Moore,  124  111.,  332. 

42.  But,  in  such  case  if  there  is  no  present  demand;  value  in  futuro  — as  when  it 
will  be  profitable  to  construct  docks  — is  not  an  element  of  damages;  Calu.  R.  Ry. 
Co.  T.  Moore,  124  111.,  332. 


Eminent  Domain. 


4li.  The  physical  condition  of  land  over  which  railroad  right  of  way  is  sought  may 
be  considered  in  determining  damages;  C.,  B.  & N.  Kli.  Co.  r;.  Bowman,  122  111.,  598. 

44.  An  entire  lot  of  laud  condemned  to  public  use;  cost  and  inconvenience  of  busi- 
ness removal  are  elements  of  compensation;  C.,  M.  & St.  P.  Ry.  Co.  o.  Hock,  118 
III.,  588. 

45.  Profits  of  a land  owner  in  his  business  are  not  elements  of  land  damage;  DeBuol 
V.  F.  & M.  R.  Ry.  Co.,  Ill  111.,  505. 

40.  Damage  to  land  not  taken  is  estimated,  only,  on  such  elements  as  tend  to  reduce 
th  ‘ market  value  which  are  appreciable  and  substantial  and  actually  lessen  such 
value;  Kiernan  v.  C. , S.  F.  & C.  Ry.  Co.,  123  111,,  192. 

47.  In  assessing  compensation  the  original  cost  of  land  may  be  considered;  Brown 
V.  Calu.  R.  Ry.  Co.,  125  111.,  067. 

48.  Lands  not  taken  depreciated,  the  damage  is  the  difference  in  market  value  be- 
fore and  after  construction  of  the  railroad  — inconveniences  actual  or  incidentally 
produced  are  considered;  C.,  B.  & N.  RR.  Co.  o.  Bowman,  122  111.,  598. 

49.  Damages  to  laud  not  taken,  but  a part  of  that  taken,  are  such  damages  as  the 
land  will  sustain  by  the  construction  and  continued  operation  of  the  railroad  — all 
actual  and  appreciable  injuries;  C. , B.  & N.  RR.  Co.  v.  Bowman,  122  111.,  598. 

50.  Where  land  not  taken  is  damaged,  the  compensation  is  the  difference  in  value 
before  and  after  the  taking;  Dupuis  v.  Chi.  & N.  W.  Ry.  Co.,  115  111.,  99;  the  diffe- 
rence of  value  — as  a whole  — before  and  after  road  is  constructed  according  to  the 
proposed  plan;  Wab.  etc.  Ry.  Co.,  v.  M’Dougall,  120  111.,  116. 

51.  Damage  to  land  not  taken  for  railroad  uses  is  not  to  be  assessed  on  the  basis  of 
what  the  owner  would  take;  Kiernan  v.  C.,  S.  F,  & C.  Ry.  Co.,  123  111.,  192. 

52.  Where  property  is  damaged  — not  taken  — the  damage  must  be  real,  not  specu- 
lative. If  the  property  is  not  worth  less  in  consequence  of  the  construction  of  a rail- 
road in  its  vicinity,  or  upon  a street  on  which  lots  abut,  than  if  no  road  were  con- 
structed, the  owner  will  not  be  entitled  to  damages:  Page  v.  Chi.,  M.  & St.  P.  Rv. 
Co.,  70  111.,  324;  Chi.  & P.  RR.  Co.  v.  Francis,  70  111.,  238. 

53.  The  damages  contemplated,  to  private  property,  by  this  section  are  such  as  are 
actual,  real  and  present;  Eberhart  v.  C. ,M.  & St.  P.  Ry.  Co.,  70  111.,  347. 

54.  In  estimating  the  compensation  to  be  paid  for  land  taken  for  a public  ]>ark,  the 
location  and  situation  of  the  land,  at  the  time  of  the  taking,  may  be  considered,  without 
regard  to  the  possible  increase  of  value  in  the  future,  by  reason  of  prospective  im- 
provements in  the  vicinity;  S.  P.  Comm’rs  r.  Dunlevy,  91  111.,  49. 

55.  The  rule  as  to  compensation  and  damage  to  land  not  taken  under  the  law  of 
eminent  domain  applies  to  the  condemnation  of  land  for  a city  street  under  the  general 
incorporation  act;  Harwood  «.  Bloomington,  124  111.,  49. 

56.  Special  benefits  to  part  of  property  may  be  considered  in  determining  whether 
the  whole  has  been  damaged;  Shawneetown  Mason,  83  111.,  337. 

57.  Damage  is  to  be  determined  with  reference  to  the  special  benefits,  only,  to  the 
property  not  taken  — general  and  public  benefits  or  increase  in  value  in  common  with 
other  lands  are  not  to  be  considered;  Hyde  Park  Wash.  Ice  Co.,  117  111.,  234. 

58.  Benefits  charged  must  arise  from  the  improvement  for  which  the  real  estate  is 
taken;  Weckler  r.  Chicago,  61  111.,  142. 

59.  The  damage  done  to  one  piece  of  land,  through  which  a railroad  is  run,  can 
not  be  compensated  for  by  benefits  accruing  to  another  and  separate  piece  of  land 
through  which  it  does  not  run,  although  belonging  to  the  same  i)erson:  Todd  v. 
Kank.  & 111.  RR.  Co.,  78  111.,  530. 

60.  Where  a person’s  property  is  condemned  for  the  opening  of  an  alley,  east  and 
west  through  a block,  he  should  not  be  charged  for  benefits  he  might  derive  by  rea- 
son of  the  opening  of  an  alley  running  north  and  south  through  the  same  block; 
Weckler Chicago,  61  III.,  142. 

61.  If  the  value  of  a tract  of  land,  having  a special  capacity  as  an  entirety,  will  be 
depreciated  and  lessened  by  the  taking  of  a strip,  the  owner  is  entitled  to  a sum  equal 
to  such  depreciation  in  value;  Hyde  Park  v.  Wash.  Ice  Co.,  117  111.,  234. 

62.  If,  by  reason  of  the  change  of  the  grade  of  a street,  private  property  shall  be 
damaged,  the  recovery  must  be  measured  by  the  extent  of  the  ]iecuniary  loss.  If  it 
be  benefited  to  the  extent  that  it  is  damaged  there  can  be  no  recoverv;  Elgin  v.  Eaton, 
83  111..  435. 

63.  There  can  be  no  recovery  for  depreciation  of  value  by  effect  merely  upon  the 
ap])earance  of  a house  because  of  changes  wholly  external  to  the  pi-emises  — ashy 
raising  a street’s  grade;  Springfield  x.  Griffith,  21  App.,  93. 


Eminent  Domain. 


G4.  Injury  rosulting  to  lots  not  taken  for  tlie  purpose  of  widening  a street,  by  mak 
ing  lots  on  the  enlarged  street  more  attractive  or  desirable  for  business  or  residence 
purposes  and,  thus,  diminishing  the  value  of  the  former  is  too  remote  to  form  the 
basis  of  a n;covery;  Hyde  Park  o.  Dunham,  85  111.,  569. 

65.  Petitioner  to  take  land  for  railway  uses  has  a right  to  rebut  evidence  given  by 
res])ondent  as  to  damage  to  land  not  taken;  it  is  error  to  exclude  the  evidence;  Sa. 
Fe  & V.  Ry.  Co.  v.  Phelps.  125  111.,  485. 

66.  \Vh(M-e  one  is  allowed  to  testify  to  the  value  of  his  land  for  any  and  all  pur- 
pose's it  is  not  error  to  exclude  testimony  as  to  the  value  of  the  sepai-ate  parts;  De- 
Buol  r.  F.  & M.  R.  Ry.  (b..  Ill  111.,  568.  ‘ 

67.  In  estimating  damages  to  abutting  property  by  reason  of  a street  improvement 
benefits  to  the  lot  owner  in  excess  of  those  inuring  to  the  general  public  are  to  be 
considered;  Geneva  Peterson,  21  App.,  457. 

68.  Claim  for  damages  to  land  not  taken;  benefits,  special  or  not  common  to  other 
propertv,  may  be  considered  in  estimating  the  damage;  Harwood  v.  Bloomington, 
124  111.;  49. 

69.  Benefits  which  are  common  to  all  property  along  the  line  of  a railroad  to  be 
constructed  can  not  be  set  off  against  compensation  for  value  of  property  taken  or 
damaged;  Chi.  &l  E.  RR.  Co.  v.  Blake,  116  111.,  165. 

70.  Special  benefits  to  property  claimed  to  be  damaged  — not  taken  — are  evidence 
to  show,  to  that  extent,  no  damage;  Cone.  C.  Asso.  v.  M.  & N.  W.  RR.  Co.,  121  111.,  203. 

71.  In  assessing  benefits  to  land  by  draining  the  fact  that  expense  will  be  saved  to 
the  land  owner,  of  bridging  a slough,  may  be  considered;  Spear  v.  Drain.  Comm’rs, 
113  111.,  636. 

72.  Action  for  damages  by  change  of  grade  of  sidewalk;  instructions  are  defective 
which  ignore  special  benefits;  Elgin  v.  M’Callum,  23  App.,  186. 

73.  Lessee  holding  an  unexpired  term  is  entitled  to  compensation  for  its  value  be- 
fore he  can  be  deprived  of  the  use;  Schreiber  v.  Chi.  & E.  RR.  Co.,  115  111.,  343. 

74.  Rights  ac()uired  by  tenants  and  others  after  petition  filed  are  subordinate  to  the 
rights  of  petitioner;  such  persons  can  not  recover  for  improvements  since  made;  ( ., 
E.  & L.  S.  RR.  Co.  Cath.  Bish.,  119  111.,  526. 

572.  Proceeding’s — parties.]  § 2.  That,  in  all  cases  where  the 
right  to  take  private  proper!}^  for  public  use,  without  the  owner’s  con- 
sent, or  the  right  to  construct  or  maintain  any  public  I’oad,  railroad, 
plank  road,  turnpike  road,  canal  or  otiier  public  work  or  improvement, 
or  which  may  damage  property  not  actually  taken,  has  been  heretofore 
or  shall  hereafter  be  conferred  by  general  law  or  special  charter  upon 
any  corporate  or  municipal  authority,  public  body,  officer  or  agent,  per- 
son, commissioner  or  corporation,  and  the  compensation  to  be  paid  for 
or  in  respect  of  the  property  sought  to  be  approjudated  or  damaged  for 
the  purposes  above  mentioned  can  not  be  agreed  upon  by  the  parties 
interested,  or  in  case  the  owner  of  the  propertv  is  incapable  of  con- 
senting, or  his  name  or  residence  is  unknown,  or  he  is  a non  resident  of 
the  state,  it  shall  be  lawful  for  the  party  authorized  to  take  or  damage 
the  property  so  required,  or  to  construct,  operate  and  maintain  any  pub- 
lic road,  railroad,  plank  road,  turnpike  road,  canal  or  other  public  work 
or  improvement,  to  a]>ply  to  the  judge  of  the  circuit  or  county  court, 
either  in  vacation  or  term  time,  where  the  said  pro])erty  or  any  part 
thereof  is  situate,  by  tiling  with  the  clerk  a petition,  setting  forth,  by 
reference,  his  or  their  authority  in  the  premises,  the  purpose  for  which 
said  property  is  sought  to  be  taken  or  damaged,  a description  of  the 
property,  the  names  of  all  persons  interested  therein  as  owners  or  other- 
wise, as  appearing  of  record,  if  known,  or  if  not  known  stating  that  fact, 
and  praying  such  judge  to  cause  the  compensation  to  be  paid  to  the 
owner  to  be  assessed.  If  the  proceedings  seek  to  affect  the  proj)erty 


Eminent  Domain. 


257 


of  persons  under  guardiansliip,  the  guardians,  or  conservators  of  per- 
sons having  conservators,  shall  l>e  made  parties  defendant,  and  if  of 
married  women  their  husbands  shall,  also,  be  made  parties.  Persons  in- 
terested, whose  names  are  unknown,  may  be  made  parties  defendant 
by  the  description  of  the  unknown  owners;  but,  in  all  such  cases  an 
affidavit  shall  be  hied,  by  or  on  behalf  of  the  petitioner,  setting  forth 
that  the  names  of  such  persons  are  unknown,  in  cases  where  the  pro- 
perty is  sought  to  be  taken  or  damaged  by  the  state,  for  the  purpose  of 
establishing,  operating  or  maintaining  any  state  house  or  state  charitable 
or  other  state  institutions  or  improvements,  the  petition  shall  be  signed 
by  the  governor  or  such  other  person  as  he  shall  direct,  or  as  shall  be 
provided  by  law. 

1.  See  § 587,  as  to  lands  of  state  institutions. 

2.  Where  no  portion  of  an  owner’s  land  is  taken  or  sought  to  be  condemned  for 
use,  such  owner  is  not  entitled  to  have  proceedings  instituted  to  ascertain  what  — if 
any  — damages  his  property  will  sustain  by  the  construction  and  operation  of  a rail- 
way upon  other  land  adjacent  to  his.  In  such  case  the  owner  will  be  left  to  his 
action  at  law,  to  recover  compensation  for  any  actual  damage  he  may  sustain;  P.  & 
R.  I.  Ry.  Co.  0.  Schertz,  84  111.,  135;  Stetson  k Chi.  & E.  RR.  (’o..  75  111.,  74. 

3.  Private  property  can  be  condemned  to  public  use,  by  a municipal  corporation, 
only  for  some  purpose  specifically  named  in  the  law  and  within  the  proper  scope  and 
meaning  of  the  delegated  authority;  E.  St.  L.  v.  St.  John,  47  111.,  403. 

4.  In  a proceeding  to  condemn  land  for  railroad  uses,  it  is  sufficient  that  the  peti- 
tioner is  a corporate  body,  de  facto;  M’Auley  C.,  C.  & I.  Co.  Ry.  Co.,  83  111.,  348. 

5.  Evidence  that  a corporation  seeking  to  condemn  land  is  such  de  facto  is  for  the 
court  — not  for  the  jury  to  assess  compensation;  Henry  t).  Cent.  & C.  RR.  Co.,  121 
111.,  266. 

573.  Petition  in  vacation.]  § 3.  If  siicli  petition  be  presented 
to  a judge  in  vacation,  the  judge  shall  note  thereon  the  day  of  pre- 
sentation and  sliall,  also,  note  thereon  the  day  when  he  will  hear  the 
same,  and  shall  order  the  issuance  of  summons  to  each  resident  de- 
fendant, and  the  publication  of  notice  as  to  each  non  resident  defen- 
dant, and  the  clerk  of  the  court  shall,  at  once,  issue  the  summons  and  give 
the  notices  accordingly. 

1.  When  the  petition  is  filed  in  vacation  the  whole  proceeding  should  be  regarded 
as  a proceeding  in  vacation  — non  obstante  an  intervening  term  — unless  the  parties 
agree  to  accept  the  regular  jury;  Haslam  r.  Gal.  & S.  W.  RR.  Co.,  64  111.,  353. 

574.  Service  — notice.]  § d.  Service  of  such  summons  and  publi- 
cation of  such  notice  sliall  be  made  as  in,  cases  in  chancery. 

575.  Hearing.]  § 5.  Causes  may  be  heard  by  such  judges  in  vaca- 
tion as  well  as  in  term  time,  Imt  no  cause  shall  be  heard  earlier  than 
ten  days  after  service  upon  defendant  or  upon  due  publication  against 
non  residents. 

Several  tracts.]  Any  number  of  separate  parcels  of  property, 
situate  in  the  same  county,  may  be  included  in  one  petition,  and  the 
compensation  for  each  shall  be  assessed  separately,  by  the  same  or  dif- 
ferent juries,  as  the  court  or  judge  may  direct. 

Amendments.]  Amendments  to  the  petition,  or  to  any  paper  or 
record  in  the  cause,  may  be  permitted  whenever  necessary  to  a fair 
trial  and  final  determination  of  the  questions  involved. 

33 


,?f)8 


Hminext  Domain". 


New  parties  — practice.]  Should  it  become  necessary,  at  any  stage 
of  the  [)rocec(litigs,  to  Iji’ing  a new  party  beloi’e  the  court  or  judge,  the 
court  or  judge  sliall  have  the  ])ower  to  make  such  rule  or  order  in  rela- 
tion thereto  as  may  he  deemed  reasonable  and  proper;  and  shall,  also, 
have  })ower  to  make  all  necessary  rules  and  orders  for  notice  to  parties 
of  the  pendency  of  the  proceeding,  and  to  issue  all  ]>rocess  necessary  to 
the  execution  of  orders  and  judgments  as  may  be  entered. 

1.  See  not(‘s  to  ^ 572. 

2.  Courts  have  a right  to  determine  whether  the  proposed  use  of  private  property 
sought  to  be  expro])riated  is  or  is  not,  in  its  nature,  put)lic.  If  such  use  be  public 
the  judiciary  can  not  inquire  into  the  necessity  or  propriety  of  the  exercise  of  the 
right  of  eminent  domain;  C. , R,  I.  & P.  Ry.  Co.  v.  Lake,  71  111.,  883. 

8.  The  value  of  the  laud  at  the  time  of  condemnation  is  to  be  considered  in  assess- 
ing damages;  C’ook  v.  S.  P.  Comm.,  01  111  , 115. 

4.  The  compensation  for  property  damaged  — as  well  as  taken  — when  not  damaged 
bv  the  state,  must  be  ascertained  bv  a jury;  Kine  d.  Defeubaugh,  04  111.,  291;  People 

M-Roberts,  02  111.,  88.  ‘ i 

576.  Jury  in  vacation.]  § b.  In  cases  fixed  for  hearing  of  petition 
in  vacation,  it  shall  be  the  duty  of  the  clerk  of  the  court  in  whose  office 
the  petition  is  tiled,  at  the  time  of  issuing  summons  or  making  publi- 
cation, to  write  the  names  of  each  of  sixty-four  disinterested  free- 
holders of  tlie  county,  on  sixty-four  slips  of  paper,  and,  in  presence  of 
two  disinterested  freeholders,  cause  to  be  selected  from  said  sixty-four 
names  twelve  of  said  persons  to  serve  as  jurors  — such  selection  to  be 
made  by  lot  and  without  choice  or  discrimination  ; and  the  said  clerk 
shall  thereupon  issue  venire,  directed  to  the  sheriff  of  his  county,  com- 
manding him  to  summon  the  twelve  persons  so  selected  as  jurors  to 
appear  at  the  court  liouse  in  said  county,  at  the  time  to  be  named  in 
the  venire. 

577.  Impaneling  jury.]  §7.  The  petitioner,  and  every  party  inter- 
ested in  the  ascertaining  of  compensation,  shall  have  the  same  right  of 
challenge  of  jurors  as  in  other  civil  cases  in  the  circuit  courts.  If  the 
panel  be  not  full  by  reason  of  non  attendance,  or  be  exhausted  by  chal- 
lenges, the  judge  hearing  such  petition  shall  designate  by  name  the 
necessary  number  of  persons,  of  proper  qualification,  and  the  clerk  or 
justice  shall  issue  another  venire,  returnable  instanter,  and  until  the 
jury  be  full. 

1.  If  the  jurors  are  unfairly  selected,  by  tbe  clerk,  tbe  party  whose  property  is  to 
be  condemned  may,  properly,  challenge  the  array;  Ilaslam  i\  Gal.  & S.  W.  RR.  Co., 
fU  111.,  353. 

578.  Oath  of  jury.  ] § 8.  When  the  jury  shall  have  been  so  selected, 

the  court  shall  cause  the  following  oath  to  be  administered  to  said  juiw: 

You  and  each  of 'vou  do  solemnly  swear  that  you  will  well  and  truly  ascertain  and 
report  just  compensation  to  the  owner  (and  each  owner)  of  the  ]>ro])erty  which  it  is 
sought  to  take  or  damage  in  this  case,  and  to  each  ])erson  tlu'riun  interested,  according 
to  the  facts  in  the  case,  as  the  same  may  be  made  to  appear  by  the  evidence  and  that 
yoi;  will  truly  report  such  compensation  so  ascertained;  so  help  you  God. 

579-  View  of  premises  — verdict.]  §9.  Said  jury  shall,  at  the 
request  of  either  party,  go  upon  the  land  sought  to  be  taken  or  damaged, 
in  person,  and  examine  the  same,  and  after  hearing  the  proof  oifeicd. 


Eminent  Domain. 


25!) 


make  their  report  in  writing,  and  the  same  shall  be  subject  to  amend- 
ment by  the  jury,  under  the  direction  of  the  court  or  the  judge,  as  the 
case  may  be,  so  as  to  clearly  set  forth  and  show  the  compensation  ascer- 
tained to  each  person  thereto  entitled,  and  the  said  verdict  shall  there- 
upon be  recorded  : Provided,  that  no  benefits  or  advantages  which  may 

accrue  to  lands  or  property  affected  shall  be  set  off  against  or  deducted 
from  such  compensation,  in  any  case. 

1.  A jury  is  not  obliged  to  accept  a witness’  testimony  as  to  value;  it  may  act  on  its 
view  of  the  premises;  Kiernan  v.  C.,  S.  F.  & C.  Ry.  Co!,  123  111.,  192. 

2.  Result  of  a jury’s  personal  view  of  the  land  over  which  a railroad  is  sought  to  be 
laid  is  evidence  to  be  acted  on  to  fix  value;  Kiernan  v.  C.,  S.  F.  & C.  Ry.  Co.,  123  111., 
192. 

3.  One  who  takes  a change  of  venue  to  another  county,  can  not  be  heard  to  com- 
plain of  a loss  of  result  from  an  omission  of  the  jurors’  view  of  the  premises;  Rockf., 
R.  I.  etc.  RR.  Co.  v.  Coppinger,  66  111.,  510. 

580.  Judgment — payment.]  §10.  The  judge  or  court  shall,  upon 
such  report,  proceed  to  adjudge  and  make  such  order  as  to  right  and 
justice  shall  pertain,  ordering  that  petitioner  enter  upon  such  property 
and  the  use  of  the  same,  upon  payment  of  full  compensation,  as  ascer- 
tained as  aforesaid  ; and  such  order,  with  evidence  of  such  payment, 
shall  constitute  complete  justification  of  the  taking  of  such  property. 

1.  Land  owner  is  not  presumed  to  consent  to  any  thing  — the  proceeding  is  in  in- 
vitum — one  who  seeks  to  divest  a title  has  the  burden  to  show  verdict  and  judgment 
to  that  effect  and  is  responsible  for  anv  mistakes  in  the  proceeding;  Un.  M.  L.  Ins. 
Co.  t).  Slee,  123  111.,  84. 

2.  Separate  tracts  of  land  being  alleged  in  the  petition  to  belong  to  separate  owners 
respectivelv,  the  verdict  must  find  the  compensation  due  each  owner;  Stiver  v.  C.,  S. 
F.  & C.  Ry!  Co.,  123  111.,  296. 

3.  A condition  precedent  to  taking  possession  of  land  taken  for  public  uses  is  the 
])ayment  or  tender  or  deposit  with  county  treasurer  of  the  compensation  awarded; 
Phillips  ».  S.  Park  Comm’rs,  119  111.,  631. 

4.  A railway  company  has  no  right  to  take  possession  of  land  for  right  of  vvay  until 
the  damages  are  assessed  and  paid;  if  it  does  so' — the  owner  not  consenting  — eject- 
ment or  trespass  or  both  lie;  C.,  St.  L.  A W.  RR.  Co.  v.  Gates,  120  111.,  89. 

5.  There  can  be  no  entry  upon  or  possession  of  land,  for  public  use;  until  the  com- 
pensation for  laud  damaged  is  paid  (see  § 5§3);  People  «.  M’Roberts,  62  III.,  38;  the 
remedy  is  mandamus;  Cook  t;.  S.  P.  Comui’rs,  61  111.,  23;  People  v.  Williams,  51  111.,  63. 

6.  I'he  judgment  is  conditional,  depending  on  the  payment  of  the  damages  awarded. 
’Fhe  party  seeking  the  condemnation  acquires  no  vested  right  until  such  payment  is 
made  or  the  sum  deposited  (see  ^ 583).  The  rights  of  the  parties  are  reciprocal  — 
wherefore,  the  land  owner  has  no  vested  right  in  the  damages  found  by  the  jury 
until  the  same  are  paid  or  deposited.  Aliter  if  the  property  be  taken  oj’  damaged,  by 
the  owner’s  consent,  before  compensation  is  made.  In  such  case  there  will  vest,  in 
such  owner,  a right  to  the  compensation,  when  ascertained;  Chicago  v.  Barbian,  80 
111.,  482;  Beveridge  v.  W.  Chi.  P.  (’omm’rs,  7 App. , 460. 

7.  It  is  irregular  and  erroneous  to  render  an  unconditional  judgment  for  the  pay- 
ment of  the  compensation  and  damages  found  by  the  jury.  The  order  should  merely 
fix  the  sum  to  be  paid  before  taking  the  property  sought  to  be  condemned,  leaving 
]>etitioner  — in  this  case  a city  — free  to  abandon  the  improvement,  if  it  so  chooses; 
llloomington  v.  Miller,  84  111.,  621. 

8.  Compensation  awarded  must  be  paid  to  the  person  thereto  entitled  or  to  county 
treasurer;  M’Cormick  v.  W.  Chi.  P.  Comm’rs,  112111.,  658. 

9.  Where  a person  entitled  to  condemnation  money  is  a non  resident  or  unknown 
the  money  should  be  paid  in  to  the  county  treasurer  for  the  use  of  such  person;  S.  P. 
Comm’rs  v.  Todd,  112  111.,  382. 

10.  Property  of  a mortgagor  condemned;  mortgagee  is  entitled  first  to  be  paid  his 
debt,  the  mortgagor  takes  the  surplus;  S.  P.  Comm’rs  v.  Todd,  112  111.,  382. 


Eminent  Domain. 


11.  It  is  error  tf)  order  the  amount  awarded  as  (•ompensation  to  be  paid  in  to  court 
to  await  det('rminatiou  as  to  vv'ho  is  entitled  to  receive  it;  M’Corniick  v.  W.  (.'hi,  P. 
Comm’rs,  lib  111.,  Cob. 

12.  In  a proceeding  to  condemn  land,  where  tlie  bare  ownersliip  is  in  one  person  and 
a creditor  of  such  juirsou  has  attached  the  land  and  obtained  a judgment  in  the  attach- 
ment proceeding,  a j)ayment  of  the  money  awarded,  in  the  proceeding  to  condemn,  to 
such  creditor  — not  exceeding  the  amount  of  his  judgment  — will  be  a payment  to 
the  party  interested,  within  this  statute;  C.,  B.  & C^.  RK.  Co.  t.  Chamberlain,  84  111., 

Id.  When,  in  the  exercise  of  the  right  of  eminent  domain,  private  property  is  taken 
for  i)ublic  use,  condemnation  of  the  i)ropertv  affected  and  the  damages  assessed  and 
accepted  by  the  owner  of  the  property,  the  title  of  the  owner,  thereby  becomes  di- 
vested; Rees  V.  Chicago,  db  111.,  d22. 

14.  Land  having  been  condemned,  if  the  condition  of  the  judgment  be  not  com- 
plied with  within  a reasonable  time,  by  the  payment  of  the  damages  awarded  and 
taking  possession  of  the  property,  the  proceedings  will  be  regarded  as  abandoned. 
Equity  will  enjoin  any  attempt  further  to  proceed;  Chicago  v.  Barbian,  80  111.,  482, 

15.  The  statute  makes  no  provision  for  the  giving,  by  the  lot  owner,  or  acceptance, 
by  a city  of  a deed  of  the  property  sought  to  be  condemned.  Municipal  officers  have 
no  right  to  accept  such  a deed.  Such  acceptance  of  a deed  will  not  authorize  a lot 
owner  to  bring  suit  for  the  compensation  awarded;  Chicago  v.  Shepard,  4 App.,  602. 

581.  Cross  petition.]  § 11.  Any  person  not  made  a party  may  be- 
come such  l)y  filing  liis  cross  petition,  setting  forth  that  he  is  the  owner 
or  has  an  interest  in  property  and  which  will  be  taken  or  damaged  by 
the  proposed  work  ; and  the  rights  of  such  last  named  petitioner  shall 
thereupon  he  fully  considered  and  determined. 

1.  A cross  petition  is  an  appropriate  mode  of  bringing  before  the  court,  property 
of  defendant  taken  or  damaged  and  not  described  in  the  petition;  Johnson  v.  F.  & M. 
R.  Ry.  Co.,  Ill  111.,  41 T. 

2.  A petition  to  expropriate  lands  for  a public  use  need  not  describe  property 
which  is  not  sought  to  be  taken  or  damaged.  If  other  property  than  that  described 
is  brought  in,  by  cross  petition,  it  is  incumbent  on  the  party,  thus,  bringing  it  in,  to 
show  — in  the  first  instance -- that  it  is  taken  or  damaged  and  petitioner  is  entitled 
to  rebut,  by  evidence;  Hyde  Park  v.  Dunham,  85  111,,  569. 

3.  When  a party  seeking  condemnation  has  not  embraced  all  of  the  owner’s  con- 
tiguous lands  damaged,  but  not  actually  taken,  such  owner  may  file  a cross  petition 
to  have  the  damages  to  such  other  lauds  assessed.  Even,  in  that  case  the  damages 
must  be  direct  and  physical  and  must  result  from  the  taking  of  a portion  of  his  land; 
Stetson  V.  Chi.  & E.  RR.  Co.,  75  111,,  74. 

4.  Where  it  is  sought  to  condemn  a part  of  a lot  — in  this  case  for  a city  street  — 
damages  as  to  a part  not  sought  to  be  taken  may  be  allowed  without  a cross  petition; 
Bloomington  v.  Miller,  84  111.,  621. 

582.  Appeal.]  § 12.  In  all  cases,  in  either  the  circuit  or  county 
court,  or  before  a circuit  or  county  judge,  an  ap))eal  shall  lie  to  the 
supreme  court. 

583.  Bond  — use  of  premises.]  g 13.  In  cases  in  which  compen- 
sation shall  l)e  ascertained,  as  aforesaid,  if  the  party  in  whose  favor  the 
same  is  ascertained  shall  appeal  such  proceeding,  the  petitioner  shall, 
notwithstanding,  have  the  right  to  enter  upon  the  use  of  the  property 
upon  entering  into  bond,  with  sufficient  suret}^,  payable  to  the  party 
interested  in  such  compensation,  conditioned  for  the  payment  of  such 
compensation  as  may  he  finally  adjudged  in  the  case,  and  in  case  of 
appeal  by  petitioner,  petitioner  shall  enter  into  like  bond  with  approved 
surety.  Said  bonds  shall  he  approved  by  the  judge  before  whom  such 
proceeding  shall  he  liad,  and  executed  and  filed  within  such  time  as 
shall  he  fixed  by  said  judge. 


Evidence. 


261 


1.  It  is  error  of  trial  court  to  refuse  petitioner  for  condemnation  of  land  to  public 
uses  an  order  authorizing  entry  on  the  land  ]>ending  appeal  from  an  assessment  of 
compensation,  on  his  compliance  with  this  statute;  C.,  Sa.  Fe  & C.  Ry.  Co.  v.  Phelps, 
125  111.,  485. 

584.  Payment  to  county  treasurer  etc.]  § 14.  Payment  of  com- 
pensation adjudged  may,  in  all  cases,  be  made  to  the  county  treasurer, 
wiio  shall,  on  demand,  pay  the  same  to  the  party  thereto  entitled,  tak- 
ing receipt  therefor,  or  payment  may  be  made  to  the  party  entitled, 
his,  her  or  their  conservator  or  guardian. 

585.  Judgment  entered.]  § 15.  The  court  or  judge  shall  cause  the 
verdict  of  the  jury  and  the  judgment  of  the  court  to  be  entered  upon 
the  records  of  said  court. 

* 586.  Repeals.]  § 16.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed  : Provided,  that  this  act  shall 
not  be  construed  to  repeal  any  law  or  part  of  law  upon  the  same  sub- 
ject passed  by  this  general  assembly;  but,  in  all  such  cases  this  act  shall 
be  construed  as  providing  a cumulative  remedy. 

An  act  for  the  further  protectioiji  of  the  state  institutions.  [Approved 

and  in  force  March  9,  1867.  L.  1867,  p.  165. 

587.  Lands  of  state  institutions  not  taken.]  § 1.  Be  it  enacted 
hy  the  people  of  the  state  of  Illinois^  represented  in  the  general  assem- 
bly^ That,  no  part  of  any  land  heretofore  or  hereafter  conveyed  to  the 
state  of  Illinois,  for  the  use  of  any  benevolent  institution  of  the  state 
(or  to  any  such  institutions),  shall  be  entered  upon,  appropriated  or 
used  by  any  railroad  or  other  company  for  railroad  or  other  purposes, 
without  the  previous  consent  of  the  general  assembly;  and,  no  court  or 
other  tribunal  shall  have  or  entertain  jurisdiction  of  any  proceeding 
instituted  or  to  be  instituted  for  the  purpose  of  appropriating  anj^  such 
land  for  any  of  the  purposes  aforesaid,  without  such  previous  consent. 

1.  All  grants  made  by  the  state,  whether  to  the  canal  trustees  or  others,  although 
revocable,  are  subject  to  the  exercise  of  the  right  of  eminent  domain;  unless  that 
right  is  expressly  relinquished;  Trustees  etc.  «.  C.  R.  I.  RR.  Co.,  14-111.,  314. 

11.  EVIDENCE. 

Section.  Section. 

588.  Records,  etc.,  of  cities,  etc. — how  590.  Sworn  copies. 

certified.  591.  Penalty. 

589.  Form  of  certificate. 

An  act  in  regard  to  evidence  and  depositions  in  civil  cases.  [Approved 

March  29,  1872.  In  force  July  1,  1872;  R.  S.,  1874,  ch.  51. 

588.  Records  etc.  of  cities  etc. — how  certified.]  § 14.  The 
papers,  entries,  records  and  ordinances,  or  parts  thereof,  of  any  city, 
village,  town  or  county,  may  be  proved  by  a copy  thereof,  certified 
under  the  hand  of  the  clerk  or  the  keeper  thereof,  and  the  corporate 
seal,  if  there  be  any ; if  not,  under  his  hand  and  private  seal. 

589.  Form  of  certificate.]  § 16.  The  certificate  of  any  such  clerk 
of  a court,  city,  village,  town,  county,  or  secretary,  clerk,  cashier,  or 
other  keeper  of  any  such  papers,  entries,  records  or  ordinances,  shall 
contain  a statement  that  such  person  is  the  keeper  of  the  same,  and  if 
there  is  no  seal,  shall  so  state. 

590*  Sworn  copies.]  § 18.  Any  such  papers,  entries,  records  and 
ordinances,  may  be  proved  by  copies  examined  and  sworu  to  by  credible 
witnesses. 


Ferkiks  and  Bridges. 


262 

591.  Penalty.]  § 10.  If  any  such  officer,  clerk,  secretary,  cashier, 
justice  of  the  peace,  or  other  ])erson  autliorized  to  certify  copies  of  any 
])apers,  entries,  records  or  ordinances,  shall  knowingly  make  a false  cer- 
tificate, he  shall  be  punisliable  in  the  same  manner  as  if  he  were  guilty  of 
})er  jury. 

^ 1.  The  law,  in  respect  of  perjury,  is(R.  S.,  1874,  ch.  38,  div.  1,)  as  follows;  “ §225. 
Every  person  having  taken  a lawful  oath  or  made  affirmation,  in  any  judicial  proceed- 
ing or  in  any  other  matter  where,  by  law,  an  oath  or  affirmation  is  required,  who  shall 
swear  or  affirm  wilfully,  corruptly  and  falsely  in  a matter  material  to  the  issue  or 

point  in  (luestion.  . . .shall  be  deemed  guilty  of  perjury and  shall  be  imprisoned  in 

the  i)enitentiary  not  less  than  one  year  nor  more  than  fourteen  years” 

12.  FERRIES  AND  BRIDGES. 

Section.  Section. 

592  Jjicense  and  regulate  ferries,  593a.  Municipal  control. 

593.  Cities  and  villages  may  censtruct  etc.  594.  Control  by  city  etc. 

ferries  and  bridges.  595.  Penalty  for  fast  driving  etc. 

All  act  to  enable  cities  and  villages,  incorporated  under  any  general  or 
special  law  of  this  state,  to  acquire  by  purchase,  lease  or  gift,  estab- 
lish, maintain,  license  and  regulate  ferries,  bridges,  the  approaches 
thereto  and  tolls  thereon.  [Approved  May  22,  1877.  In  force  July 
1,  1877.  L.  1877,  p.  61. 

592.  License  and  regulate.]  §1.  Beitenaetedhy  thepeople  of  the 
state  of  Illinois,  represented  in  the  general  assemhlg.  That  it  shall  be 
lawful  for  the  corporate  authorities  of  any  city  or  village,  now  or  here- 
after incorporated  under  any  special  or  general  law  of  this  state,  to  ac- 
quire by  purchase,  lease  or  gift,  and  maintain,  license  and  regulate  ferries 
and  bridges,  so  acquired,  and  the  approaches  thereto,  not  exceeding  four 
acres  of  land  for  each  ferry  or  bridge,  within  the  corporate  limits  or 
within  five  miles  of  the  corporate  limits  thereof,  and  from  time  to  time 
fix  the  tolls  thereon. 

1.  A ferry  franchise  is  a right  conferred  to  land  at  a particular  point  and  receive 
toll  for  the  transportation  of  passengers  and  property,  from  that  point,  across  a stream. 
The  exercise  of  such  a franchise  divests  no  right  or  privilege  which  any  citizen  before 
that  time  enjoyed  freely  and  without  interruption  to  navigate  the  stream.  This  right 
of  navigation,  however,  cannot  be  construed  as  conferring  on  the  citizens  the  right 
to  appropriate  the  banks  or  landings  of  a river  to  themselves  or  to  receive  toll  for 
transporting  passengers  or  property  from  point  to  point;  Mills  v.  St.  Clair  Co. , 2 
Gilm.,  197. 

2.  Ferries  are  publici  juris  and  caiube  granted  only  by  the  sovereign  power.  Ripa- 
rian owners  are  not,  by  virtue  of  their  ownership,  entitled  to  the  ferry  franchise; 
Trustees  etc.  v.  Tatman,  13  111.,  27;  Mills  Co.  Com  ms  , 3 Scam.,  53. 

3.  One  who  accepts  a ferry  franchise  assumes  an  obligation  to  the  public  to  provide 
necessary  boats  and  machinery  to  transport  property  and  persons.  He  is  bound  to 
provide  safe  and  pi’oper  facilities  for  the  prompt  and  speedy  accommodation  of  the 
public;  in  consideration  of  which  the  law  gives  him  the  exclusive  right  to  toll  from 
all  persons  who  may  use  his  ferry:  Golcouda  c.  Field,  108  111.,  422. 

4.  The  creation  of  a rival  ferry  is  an  invasion  of  a grant  of  a i>rior  franchise.  An 
invasion  of  such  a right  is  a nuisance  and  the  party  aggrieved  will  have  a remedy 
at  law,  in  an  action  on  the  case,  for  the  disturbance.  In  modern  ])ractice  resort  may 
be  had  to  a court  of  equitv  to  stav  the  injurious  interference;  Golconda  r.  Field,  108 
111.,  422. 

5.  A private  statute,  granting  a ferry  franchise,  provided  that  a city,  in  which  it 
was  located,  shall  “have  the  right  to  regulate  and  control  the  rates  of  toll.”  This 
implies  that  the  rates  shall  be  reasonable;  Kohn  v.  Beardstown,  32  HI.  App.,  408. 

An  act  to  enable  cities  and  villages  to  build,  acquire  and  maintain 
bridges  and  ferries  outside  of  their  corporate  limits  and  to  control 
the  same;  also  to  construct,  improve  and  maintain  roads  outside  of 


Ferries  and  Bridges. 


their  corporate  limits.  [Approved  and  in  force  iVIay  5,  1879,  as  amend- 
ed May  25,  1881,  and  as  amended  June  16,  1891,  L.  1891,  p.  73. 

593-  Cities  and  villages  may  construct  etc.  ferries  and  bridges.] 
§ 1.  That,  it  shall  be  lawful  for  any  city  or  village  within  this  state  to 
build  or  acquire  by  purchase,  lease  or  gift,  and  to  maintain  ferries  and 
bridges  and  the  approaches  there  to,  for  each  ferry  or  bridge  within  the  cor- 
j)orate  limits,  or  at  any  point  within  live  (5)  miles  of  the  corporate  limits  of 
suchcity  or  village;  also  to  construct,  improve  or  maintain  roadswithin  five 
(5)  miles  of  the  corporate  limits  of  such  city  or  village,connecting  with  said 
bridges  and  ferries  on  either  side  thereof.  That  all  such  ferries  and  bridges 
shall  be  free  to  the  public,  and  no  toll  shall  ever  be  collected  by  any  such 
city  or  village  authority : Provided,  that  where  any  city  or  village  has 
become  or  is  the  owner  of  any  toll  bridges  or  ferries,  and  is  keeping 
up  and  maintaining  the  same  by  authority  of  law,  all  ownership  and 
rights  vested  in  such  city  or  village  shall  continue  in,  and  l)e  held  and 
exercised  by  them,  and  they  may,  from  time  to  time,  fix  the  rates  of  toll 
on  such  bridges  and  ferries:  And  provided,  further,  that  in  all  cases 
where  a bridge  shall  hereafter  be  built  or  a ferry  acquired  across  a navi- 
gable stream  by  any  city  or  village,  in  whole  or  in  part,  where  the  popu- 
lation of  such  city  or  village  furnishing  the  principal  part  of  the  ex- 
penses thereof  shall  not  exceed  five  thousand  (5,000)  inhabitants,  and 
where  it  is  necessary  to  maintain  a draw  and  lights,  and  a debt  shall  be 
incurred  by  such  city  or  village  for  such  ])urpose,  then  a reasonable  toll 
may  be  collected  by  the  city  or  village  contracting  such  indebtedness,  to 
be  set  apart  and  appropriated  to  the  payment  of  such  indebtedness,  inte- 
rest thereon  and  the  expenses  of  keeping  such  bridge  in  I'epair,  and  of 
maintaining,  opening  and  closing  the  proper  draws  therefor,  and  lights  ; 
or  in  case  of  a ferry,  of  keeping  the  appi'oaches  and  boat  in  repair  and 
operating  the  same. 

593a.  Municipal  control.]  § 2.  Every  l)ridge  or  ferry  so  owned 
or  controlled  by  such  city  or  village  and  the  approaches  thereto,  when 
outside  the  corporate  limits,  shall  be  subject  to  the  municij^al  control 
and  ordinances  of  such  city  or  village,  the  same  to  all  intents  and  pur- 
poses and  in  effect  as  though  such  bridge  or  feriw  and  the  auproaches 
thereto  were  situated  within  the  corporate  limits  of  such  city  or  village 
and,  in  such  case,  the  county  may  assist  in  the  construction  of  sai<f 
bridge  as  is  now  provided  by  law. 

1.  It  is,  always,  the  duty  of  a municipal  corporation  to  make  bridges  in  its  streets 
absolutely  secure  or  so  as  to  fully  protect  the  public  from  injury.  The  duty  is  to  ex- 
ercise ordinary  prudence  to  accomplish  these  results;  Grayville  v.  Whitaker,  85  111., 
439. 

2.  The  power  to  erect  and  keep  bridges  in  repair  implies  the  authority  to  employ 
the  means  necessary  and  proper  to  the  end.  The  imposition  of  fines  for  a wilful  or 
negligent  injury  to  such  structures  would  not  beau  improper  means  of  aiding  to  keep 
them  in  repair,  Korah  v.  Ottawa,  32  111.,  121. 

3.  Where  a bridge  is  erected  across  a canal,  within  the  corporate  limits  of  a city, 
in  the  absence  of  canal  commissioners’  objection,  the  city  has  authority  to  make  ap- 
proaches thereto  and  exercise  control  over  them.  The  obligation  so  to  exercise  the 
authority  as  not  to  endanger  the  lives  or  limbs  of  citizens  follows;  Joliet  v.  Verley, 
35  111  , 58. 

4.  Highway  commissioners  have  no  jurisdiction  of  highw^ay  or  bridge  within  an  in- 
corporated city;  Marseilles  v.  Howland,  124  111.,  551;  People  v.  Supervisors,  111  111., 
528;  and  have  no  authority  to  levy  a road  tax  on  property  within  the  limits  of  an  in- 
corporated city;  if  attempted,  collection  may  be  enjoined;  Butz  v.  Kerr,  123  111.,  660, 


:.'G4 


Fekuies  and  Bridges. 


594.  Control  by  city.]  § 2.  Every  bridge  and  ferry  so  owned  or 
controlled  by  such  city  or  village,  and  the  approaches  thereto,  when 
outside  the  corporate  limits,  shall  be  subject  to  the  municipal  control 
and  ordinances  of  such  city  or  village,  the  same,  to  all  intents  and  pur- 
])oses  and  in  effect,  as  though  such  bridge  or  ferry  and  the  apj)roaches 
thereto,  were  situated  within  the  corporate  limits  of  such  city  or  village 
and,  in  such  case,  the  county  may  assist  in  the  construction  of  said 
bridge,  as  is  now  provided  by  law. 

1.  Bridges  are  but  streets,  or  liighways,  over  water.  The  fee  of  such  portion  of  the 
river  as  is  measured  by  the  width  of  the  sti*eet  of  which  a bridge  forms  apart  is  in  the 
corporation.  It  is,  tlierefore,  competent  for  the  corporation  to  devote  such  portion  of 
tlu‘  river  to  any  use  which,  in  the  judgment  of  the  corporate  authorities,  shall  be 
deemed  most  to  j)romote  the  ]>ublic  interest,  subject,  only,  to  the  easement  of  naviga- 
tion; Chicago'?;.  M’diun,  51  111.,  266. 

2.  Under  the  general  incorporation  law,  cities  and  villages,  have  the  control  of  and 
power  to  construct  bridges  and  to  regulate  their  use  (see  g 65,  cl.  28,  ante);  M’Cart- 
ney  v.  (’hi.  & E.  HR.  Co.,  112  111.,  665. 

3.  The  duty  of  a municipal  corporation  is  to  keep  and  maintain  bridges  within  its 
limits  in  a reasonable  safe  condition.  It  is  not  required  so  to  construct  its  bridges 
that  accidents  shall  be  impossible  to  persons  using  them;  (iaviu  v.  Chicago,  97  111., 
66;  Marseilles  i\  Howland,  124  111.,  551. 

4.  A village,  by  suffering  a bridge  to  be  used  by  the  public  without  seeing  that  it 
is  safe,  is  liable  for  resulting  injury;  Marseilles  v.  Howland,  124  111.,  552. 

5.  A drawbridge  being  open  on  a dark  and  rainy  night  on  a great  thoroughfare, 
without  barrier  or  guards  to  prevent  persons  from  walking  or  driving  from  the  abut- 
ments and  falling  in  to  the  water  way  and  being  without  proper  lights,  the  city  will 
be  liable  for  resulting  injury;  Chicago  i\  Wright,  68  111.,  586. 

An  act  to  regulate  the  maimer  of  travel  upon  bridges,  the  whole  or  a 
part  of  which  are  owned  or  controlled  by  cities,  villages  and  towns 
of  this  state,  and  to  provide  for  the  enforcing  of  the  same.  Ap- 
proved and  in  force  May  13,  1879.  L.  1879,  p.  75. 

595.  Penalty  for  fast  driving  etc.]  § 1.  Beit  enacted  h>j  the  people 
of  the  state  of  Illinois^  represented  in  the  genercd  assembly.  That,  who- 
ever shall  ride  or  drive  faster  than  a walk,  over  any  bridge  in  this  state, 
owned  or  controlled,  either  the  whole  or  a part  thereof,  by  any  city,  vil- 
lage or  town  of  this  state,  shall,  for  each  otfense,  be  fined  in  a sum  not 
exceeding  ten  dollars  nor  less  than  one  dollar:  Provided,  that  a notice 
shall  be  posted  on  such  bridge,  warning  against  riding  or  driving  on 
such  bridge  faster  than  a walk ; such  fine  to  be  recovered,  with  costs, 
before  any  justice  of  the  peace  or  police  magistrate  of  the  county 
where  the  offense  is  committed,  upon  sworn  complaint  in  writing,  upon 
which  a warrant  for  the  arrest  of  the  offender  shall  issue,  and  it  shall 
be  the  duty  of  every  constable  of  the  county,  and  every  marshal,  po- 
liceman and  police  constable,  and  all  other  officers  of  such  city,  village  or 
town,  owning  or  controlling  the  whole  or  in  part  such  bridge,  having  the 
power  to  make  arrests,  whenever  aforesaid  offense  is  committed  in  the 
view’  of  such  officer  or  officers,  to  forthwith  take  in  custody  the  person 
or  persons  so  committing  aforesaid  offense,  and  bring  him  or  them  be- 
fore any  justice  of  the  peace  or  police  magistrate  of  the  comity,  to  be 
dealt  wdth  according  to  law,  and  such  officer  so  taking  in  custody  such 
offender,  or  any  officer  of  such  city,  village  or  town,  owning  or  conti*ol- 
ling  the  whole  or  a part  of  such  bridge  wdiere  such  offense  is  committed, 


Fire  Escapes. 


2G5 


may  make  complaint  upon  which  the  warrant  shall  issue  against  the  of- 
fender. All  fines  collected  under  this  act  shall  be  paid  in  to  the  common 
school  fund  of  the  county.  Whereas,  the  law  is  inadequate  for  the 
protection  of  bridges  which  are  owned  or  controlled,  the  whole  or  part 
thereof,  by  cities,  villages  and  towns  of  this  state,  therefore  an  emer- 
gency exists,  and  this  act  shall  take  effect  from  and  after  its  passage. 

13.  FIRE  ESCAPES. 

Section.  Section. 

596.  Fire  escapes  to  be  affixed  to  certain  599.  Owner  failing  to  erect  on  notice  — 

buildings.  penalty. 

597.  On  buildings  hereafter  erected.  600.  Application  of  fines. 

598.  Owner  may  be  compelled  to  erect  — 

procedure. 

An  act  relating  to  fire  escapes  for  buildings.  [Approved  June  29, 

1885.  In  force  July  1,  1885.  L.,  1885,  p.  201. 

596.  Fire  escapes  to  be  affixed  to  certain  buildings.]  § 1.  Be 
it  enacted  by  the  people  of  the  state  of  Illinois^  represented  in  the  gene- 
ral assembly,  That,  within  six  (6)  months  next  after  the  passage  of  this 
act,  all  buildings  in  this  state  which  are  four  or  more  stories  in  height, 
excepting  such  as  are  used  for  private  residences  exclusively,  but  in- 
cluding flats  and  apartment  buildings,  shall  be  provided  with  one  or 
more  metallic  ladder  or  stair  fire  escapes  attached  to  the  outer  walls 
thereof  and  extending  from,  or  suitably  near  the  ground,  to  the  upper- 
most story  thereof,  and  provided  with  platforms  of  such  form  and  di- 
mensions, and  in  such  proximity  to  one  or  more  windows  of  each  stoiy 
above  the  first,  as  to  render  access  to  such  ladder  or  stairs  from  each 
such  story,  easy  and  safe;  the  number,  location,  material  and  construc- 
tion of  such  escapes  to  be  subject  to  the  approval  of  the  board  of  su- 
pervisors in  counties  under  township  organization,  and  the  board  of 
county  commissioners  in  counties  not  under  township  organization  ; ex- 
cept in  villages,  towns  and  cities  organized  under  any  general  or  special 
law  of  this  state,  such  approval  shall  be  had  by  the  corporate  authori- 
ties of  such  villages,  towns  and  cities:  Provided,  however,  that  all  build- 
ings, more  than  two  stories  in  height,  used  for  manufacturing  purposes 
or  for  hotels,  dormitories,  schools,  seminaries,  hospitals  or  asylums,  shall 
have,  at  least,  one  such  fire  escape  for  every  fifty  (50)  persons  for  which, 
working,  sleeping  or  living  accommodations  are  provided  above  the 
second  stories  of  said  buildings ; and,  that,  all  public  halls,  which  pro- 
vide seating  room  above  the  first  or  ground  story,  shall  be  provided 
with  such  numbers  of  said  ladder  or  stair  fire  escapes  as  the  boards  of 
supervisors  or  commissioners  or  corporate  authorities  aforesaid  may  di- 
rect. 

597.  On  buildings  hereafter  erected.]  § 2.  All  buildings  of  the 
numbers  of  stories  and  used  for  the  purposes  set  forth  in  section  one 
(1)  of  this  act,  which  shall  be  hereafter  erected  within  tliis  state,  shall 
upon  or  before  their  completion,  each  be  provided  with  Are  escapes  of 

34 


Horse  and  Dummy  Railroads. 

the  kind  and  number,  and  in  the  manner  set  forth  in  said  section  one 
(1)  of  this  act. 

598.  Owner  may  be  compelled  to  erect — procedure.]  §3. 

After  the  expiration  of  six  (6)  months  next  after  the  passage  of  iliis 
act,  the  boards  of  sn])L'rvisors  and  coirimissioners,  and  in  villages,  towns 
and  cities,  the  corporate  authorities  thereof,  as  aforesaid,  may,  at  any 
time,  direct  the  sheriff  of  their  respective  comities  to  serve  a written 
notice  in  behalf  of  the  people  of  the  state  of  Illinois,  upon  the  owner 
or  owners,  trustees,  lessee,  or  occupant  of  any  building  within  their 
county,  not  provided  with  hre  escapes  in  accordance  with  the  require- 
ments of  this  act,  commanding  such  owners,  trustees,  lessee  oi*  occupant, 
or  either  of  them,  to  place  or  cause  to  be  placed  upon  such  building  such 
fire  escape  or  escapes  within  thirty  (30)  days  after  the  service  of  such 
notice.  And  the  grand  juries  of  the  several  counties  of  this  state  may, 
also,  during  any  term,  visit  or  hear  testimony  relating  to  any  building  or 
buildings  within  their  respective  counties,  for  the  purpose  of  ascertain- 
ing whether  it  or  they  are  provided  with  fire  escajies  in  accordance  with 
the  requirements  of  this  act,  and  submit  the  result  of  their  inquiry,  to- 
gether with  any  recommendations  the}^  may  desire  to  make,  to  the 
circuit  court,  except  in  Cook  county,  and  to  the  criminal  court  of  Cook 
county,  and  said  court  may  thereupon,  if  it  find  from  the  report  of  said 
grand  jury  that  said  building  or  buildings  is  or  are  not  provided  with 
a fire  escape  or  escapes  in  accordance  with  this  act,  cause  the  sheriff  to 
serve  a notice  or  notices  upon  the  owner,  trustees,  lessee,  or  occupant 
of  such  building  or  buildings. 

599.  Owner  failing  to  erect  on  notice  — penalty.]  §4.  Any 

such  owner  or  owners,  trustees,  lessee  or  occupant,  or  either  of  them, 
so  served  with  notice  as  aforesaid,  who  shall  not  within  thirty  (30j  days 
after  the  service  of  such  notice  upon  him  or  them,  place  or  cause  to  be 
placed  such  fire  escape  or  escapes  upon  such  building  as  required  by  this 
act  and  the  terms  of  such  notice,  shall  be  subject  to  a tine  of  not  less 
than  twenty-five  (25)  or  more  than  two  hundred  (200)  dollars,  and  to 
a further  fine  of  fifty  (50)  dollars  for  each  additional  week  of  neglect 
to  comply  with  such  notice. 

600.  Application  of  fines.]  § 5.  All  the  money  or  moneys,  collected 
as  fines  under  and  by  virtue  of  this  act,  shall  be  paid  in  to  or  placed  to 
the  credit  of  the  common  school  fund  of  the  counties  in  which  they 
are  collected. 

14.  HORSE  AND  DUMMY  RAILROADS. 

Section.  Section. 

601.  Eminent  domain.  603.  Location  of  road  — consent  — notice 

602.  Compensation  for  property  taken  or  — damages. 

damaged.  604.  Control  of  street  reserved  — police 

powers. 

An  act  in  regard  to  horse  and  dummy  railroads.  [Approved  Marco 
19,  1874.  In  force  July  1,  1874.  R.  S.,  1874,  ch.  (10. 


Horse  and  Dummy  Railroads. 


207 


1.  This  statute  does  not  provide  for  the  iucorporatiou  of  horse  and  dummy  railroads. 
It  merely  extends  the  provisions  of  the  act  to  such  companies  as  had  been  or  might, 
thereafter,  be  incorporated  under  the  general  law  of  the  state.  Dubitatur  whether 
the  general  railroad  law  applies  to  such  a company;  but,  the  incorporation  thereof  is 
provided  for  by  the  general  law  as  to  corporations;  Wiggins  F.  Co.  r.  E.  St.  L.  U. 
Ry.  Co.,  107  111.,  454. 

2.  The  statute  of  1874  repealed  the  requirement,  of  the  general  city  incorporation 
law,  as  to  the  petition  of  adjoining  property  owners  to  the  grant  of  a right  to  lay 
tracks  (see  § 603);  Hunt  v.  Chi.  H.  & D.  Ry.  Co.,  20  App.,  282. 

601.  Eminent  domain.]  § 1.  JJe  it  enacted  by  the  people  of  the 
state  of  Illinois^  represented  in  the  general  assembly ^ That,  any  company 
which  has  been,  or  shall  be  incorporated  under  the  general  laws  of  this 
state,  for  the  purpose  of  constructing,  maintaining  or  operating  any 
horse  or  dummy  railroad  or  tramway,  may  enter  upon  and  appropriate 
any  property  necessary  for  the  construction,  maintenance  and  operation 
of  its  road,  and  all  necessary  siding,  side  tracks,  and  appurtenances,  and 
may,  subject  to  the  provisions  contained  in  this  act,  locate  and  construct 
its  road  upon  or  over  any  street,  alley,  road  or  highway,  or  across  or 
over  any  waters  in  this  state,  in  such  manner  as  not  to  unnecessarily 
obstruct  the  public  use  of  such  street,  alley,  road  or  highway,  or  inter- 
rupt the  navigation  of  such  waters. 

1.  The  right  of  a corporation  to  condemn — expropriate  — property  for  the  con- 
struction, operation  and  maintenance  of  a horse  or  dummy  railroad,  in  a city,  is 
derived,  solely,  from  the  state  law.  The  consent  of  the  civic  authorities  to  the  con- 
struction of  such  a railroad  is  not  a condition  precedent  to  proceedings  to  condemn. 
Such  consent  can  be  obtained  as  well  after  as  before  condemnation.  If  such  consent 
be  given  it  is,  but,  a mere  license  — revocable  at  any  time  before  acted  on;  Metrop. 
C.  Ry.  Co.  V.  Chi.  W.  D.  Ry.  Co.,  87  111.,  317. 

2.  By  a very  liberal  construction  of  the  statute  and  of  the  statute  in  regard  to  the 
exercise  of  the  right  of  eminent  domain,  it  may  be  that  a newly  organized  horse  rail- 
way company  may  procure  the  condemnation  of  the  entire  road  of  a similar  company, 
previously  incorporated,  and  appropriate  it  to  its  own  use  — on  paying  just  compensa' 
tion;  Centr.  C.  Ry.  Co.  v.  Ft.  Clark  Ry.  Co.,  81  111.,  523. 

3.  One  railroad  company  is  entitled  to  have  condemnation,  for  its  right  of  way, 
across  the  right  of  way  of  a previously  constructed  railroad.  The  company  whose 
right  of  way  is  condemned  is  entitled  to  full  compensation  for  all  damages  it  may 
sustain  in  consequence  thereof;  St.  L.,  J.  & C.  RR.  Co.  v.  S.  & X.  W.  RR.  Co.,  9*6 
III.,  274;  Metrop.  C.  Ry.  Co.  v.  Chi.  W.  D.  Ry.  Co.,  87  111.,  317. 

4.  One  horse  railway  has  no  right,  by  proceedings  under  the  law  of  eminent  do- 
main, to  take  for  its  joint  use  a part  of  a previously  constructed  railway  of  a company, 
already  in  successful  operation,  so  as  to  render  the  fragments  of  the  existing  road 
not  taken  unproductive  and  cause  the  franchise  of  such  company  to  be  of  but  little 
value.  Equitv  courts  will  restrain  such  a proceeding;  Centr.  C.  Rv.  Co.  v.  Ft.  Clark 
Ry.  Co.,  81  111.,  523. 

602.  Compensation  for  property  taken  or  damaged.]  § 2.  When 
it  is  necessary  for  the  construction,  nminteiiance  or  operation  of  such 
road,  or  the  necessary  sidings,  side  tracks  or  appurtenances,  to  take  or 
damage  private  property,  the  same  may  be  done,  and  the  com- 
pensation therefor  may  be  ascertained  and  made  in  the  manner  which 
may  be  then  provided  by  law  for  the  exercise  of  the  right  of  eminent 
domain. 

1.  See  Additional  Laws  — Eminent  Domain.  , 

2.  “Property”,  in  its  broadest  and  most  comprehensive  sense,  includes  all  rights 
and  interests  in  real  and  personal  estate;  also,  in  easements,  franchises  and  incor- 
poreal hereditaments;  Metrop.  C.  Ry.  v.o.  v.  C.  \V.  D.  Ry.  Co.,  87  111.,  317. 


2G8 


TTohse  and  Di  mmy  Kaiijioads. 


603.  Location  of  road — consent — notice— damages.]  § 3.  No 
such  company  shall  have  the  right  to  locate  or  construct  its  road  upon 
or  along  any  street  or  alley,  or  over  any  public  ground  in  any  in- 
corporated city,  town  or  village,  without  the  consent  of  the  corporate 
authorities  of  such  city,  town  or  village,  nor  upon  or  along  any  road  or 
highway,  or  upon  any  public  ground  without  any  incorporated  city, 
town  or  village,  except  upon  the  consent  of  the  county  board.  Such 
consent  may  be  granted  for  any  period,  not  longer  than  twenty  years, 
on  the  petition  of  the  company,  upon  such  terms  and  conditions,  not 
inconsistent  with  the  ])rovisions  of  this  act,  as  such  corporate  authori- 
ties or  county  board,  as  the  case  may  be,  shall  deem  for  the  best  inter- 
ests of  the  public  : Provided,  no  such  consent  shall  be  granted,  unless 
at  least  ten  days’  public  notice  of  the  time  and  place  of  presenting 
such  petition  shall  have  been  first  given  by  publication  in  some  news- 
paper published  in  the  city  or  county  where  such  road  is  to  be  con- 
structed, and  except  upon  the  condition  that  the  company  will  pay  all 
damages  to  owners  of  property  abutting  upon  the  street,  alley,  road, 
highway  or  public  ground  upon  or  over  which  such  road  is  to  be  con- 
structed, which  they  may  sustain  by  reason  of  the  location  or  construc- 
tion of  the  road  ; the  same  to  be  ascertained  and  paid  in  the  manner 
provided  by  law  for  the  exercise  of  the  right  of  eminent  domain. 

604.  Control  of  streets  reserved  — police  power.]  § 4.  Every 
grant  to  any  such  cornjiany  of  a right  to  use  any  sti’eet,  alley,  road, 
highway  or  public  ground,  shall  be  subject  to  the  right  of  the  proper 
authorities  to  control  the  use,  improvement  and  repair  of  such  street, 
alley,  road,  highway  or  public  ground,  to  the  same  extent  as  if  no  such 
grant  had  been  made,  and  to  make  all  necessary  police  regulations  con- 
cerning the  management  and  operation  of  such  railroad,  whether  such 
right  is  reserved  in  the  grant  or  not. 


Hospitals. 


14a.  HOSPITALS. 

Section.  Section. 

G04a.  Contribution  to  support— condition.  604g.  Powers— organization— secretary. 
604b.  Cities  of  100,000  establish — taxa-  604h.  Beneficiaries — rules,  etc. 

tion,  limit  of.  604i.  Patients  paying  — collection  and 

604c.  Establishment  — procedure  — elec-  payment  over, 

tion  as  to  tax.  604 j.  Quarantine  regulations. 

604d.  Directors,  appointment  of.  604k.  Donations  — title  vest  in  special 

604e.  Directors’  terms  of  office — removal.  trust. 

604f.  Vacancy  in  office — filled  how.  6041.  Physicians  treating. 

An  act  to  enable  cities  and  counties  in  this  state  to  contribute  towards 
the  support  of  non-sectarian  public  hospitals  located  within  their  re- 
spective limits.  [Approved  May  23,  1889.  L.  1889,  p.  167. 

6o4a.  Contribution  to  support — condition.]  § 1.  Be  it  enacted 

hy  the  People  of  the  state  of  Illinois^  represented  in  the  general  assembly: 
That  it  shall  be  lawful  for  any  county  or  any  city  of  this  state  to 
contribute  such  sum  or  sums  of  money  towards  the  support  of  any  non- 
sectarian public  hospital  for  the  sick  or  infirm,  located  within  its  limits, 
as  the  county  board  of  the  count}",  or  city  council  of  the  city,  shall 
deem  discreet  and  proper. 

An  act  to  enable  cities  to  establish  and  maintain  public  hospitals. 
[Approved  June  17,  1891.  L.  1891,  p.  142. 

6o4b.  Cities  of  ioo,ooo  establish — taxation,  limit  of.]  § 1.  Be 

it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the  general 
assembly : That  the  city  council  of  each  incorporated  city  of  this  state, 

having  a population  of  less  than  one  hundred  thousand, (100,000)  inhab- 
itants shall  have  the  power  to  establish  and  maintain  a non-sectarian 
public  hospital  for  the  use  and  benefit  of  the  inhabitants  of  such  city 
and  any  person  falling  sick,  or  being  injured  or  maimed,  within  its  lim- 
its, and  may  levy  a tax,  not  to  exceed  two  mills  on  the  dollar,  annually 
on  all  the  taxable  property  of  the  city,  such  tax  to  be  levied  and  eol- 
lected  in  like  manner  with  the  general  taxes  of  the  said  city,  and  to  be 
known  as  the  “ hospital  fund.” 

6o4c.  Establishment,  procedure  — election,  as  to  tax.]  § 2. 

When  one  hundred  legal  voters  of  any  such  incorporated  city  shall  pre- 
sent a petition  to  the  city  council  of  such  city,  asking  that  an  annual 
tax  may  be  levied  for  the  establishment  and  maintenance  of  a public 
hospital  in  such  city,  and  shall  specify  in  their  petition  a rate  of  taxa- 
tion not  to  exceed  two  mills  on  the  dollar,  such  city  council  shall  instruct 
the  city  clerk  to  and  such  city  clerk  shall,  in  the  next  legal  notice  of  the 
regular  annual  election  in  such  city,  give  notice  that  at  such  election 


Hospitals. 


every  elector  may  vote  ‘Hor  a mill  tax  for  a public  hospital, ” 

or  “against a mill  tax  for  a public  hospital,”  specifying  in  such 

notice  the  rate  of  taxation  mentioned  in  said  petition;  and  if  the 
majority  of  all  the  votes  cast  in  such  city  shall  be  “for  the  tax  for  a 
public  hospital,”  the  tax  specified  in  such  notice  shall  be  levied  and 
collected  in  like  manner  with  other  general  taxes  of  said  city,  and  shall 
be  known  as  the  “ hospital  fund,”  and  thereafter,  the  city  council  of 
such  city  shall  include  and  appropriate  in  the  annual  ap|)ropriation  bill 
such  sum  or  sums  of  money  as  may  be  deemed  necessary  to  defray  all 
necessary  ex])cnses  and  liabilities  of  such  hospital. 

6o4d.  Directors,  appointment  of.]  § 3.  When  any  such  city 
council  shall  have  decided  to  establish  and  maintain  a public  hospital, 
under  this  act,  the  mayor  of  such  city  shall,  with  tiie  approval  ^of  the 
city  council,  proceed  to  appoint  a board  of  three  directors,  one  of  whom 
may  be  a woman,  for  the  same,  chosen  from  the  citizens  at  large,  with 
reference  to  their  fitness  foi’  such  office. 

6o4e.  Directors’  terms  of  office — removal.]  § 4.  Said  directors 
shall  hold  office  one-third  for  one  year,  one-third  for  two  years  and  one- 
third  for  three  years  from  the  first  of  Julv  following  their  appointment, 
and  at  their  first  regular  meeting  shall  cast  lots  for  their  respective  terms; 
and  [innuallv  thereaftei-  the  mayor  shall,  before  the  first  of  July  each 
year,  appoint  as  before  one  director  to  take  the  place  of  the  retiring 
director,  wlio  shall  hold  office  for  three  years,  and  uritfl  his  successor  is 
ajipointed.  The  mayor  may,  by  and  with  the  consent  of  the  city  coun- 
cil, remove  any  directoi-  foi’  misconduct  or  neglect  of  duty. 

6o4f.  Vacancy  in  office  — filled  how.]  § 5.  Vacancies  in  the 
board  of  directors  occasioned  by  removals,  resignation  or  otherwise, 
shall  be  reported  to  the  city  council  and  be  filled  in  like  manner  as 
original  apjiointments,  and  no  director  shall  receive  compensation  as 
such  and  shall  not  be  interested,  either  directly  or  indirectly,  in  the 
purchase  or  sale  of  any  suiiplies  for  said  hospital. 

6o4g.  Powers  — organization  — secretary.]  § 6.  Said  direc- 
tors shall,  immediately  after  appointment,  meet  and  organize  by  the 
election  of  one  of  their  number  president,  and  one  as  .secretary  and  by 
the  election  of  such  other  officer  as  they  may  deem  necessary.  They 
shall  make  and  adopt  such  by  laws,  rules  and  regulations  for  their  own 
guidance  and  for  the  government  of  the  hospital  as  may  be  expedient, 
not  inconsistent  with  this  act  and  the  ordinances  of  said  city.  They 
shall  have  the  exclusive  control  of  the  expenditures  of  all  moneys  col- 
lected to  the  credit  of  the  “hospital  fund,”  and  of  the  construction  c)f 


Hospitals. 


2f.8c 

any  hospital  building,  and  of  the  supervision,  care  and  custody  of  the 
grounds,  rooms  or  buildings  constructed,  leased  or  set  apart  for  that 
purpose : Provided  that  all  moneys  received  for  such  hospital  shall  be 
deposited  in  the  treasury  of  said  city  to  the  credit  of  the  “ hospital 
fund,”  and  drawn  upon  by  the  proper  officers  of  said  city  upon  the 
})roperly  authenticated  vouchers  of  the  hospital  board.  Said  board 
shall  have  the  power  to  purchase  or  lease  ground  to  occupy,  lease  or 
erect  an  appropriate  building  or  buildings  for  the  use  of  said  hospital ; 
shall  have  power  to  appoint  a suitable  superintendent  or  matron,  or 
both,  and  neces.sary  assistants,  and  fix  their  compensation,  and  shall  also 
have  power  to  remove  such  appointees;  and  shall,  in  general,  carry  out 
tlie  spirit  and  intent  of  this  act  in  establishing  and  maintaining  a public 
hospital,  and  one  or  all  of  said  directors  shall  visit  and  examine  said 
hospital  at  least  twice  each  month  and  make  monthly  reports  of  its  con- 
dition to  the  city  council. 

6o4h.  Beneficiaries  — rules,  etc.]  §7.  Every  hospital  established 
under  this  act  shall  be  for  the  benefit  of  the  inhabitants  of  such  city 
and  any  person  falling  sick  or  being  injured  or  maimed  within  its  lim- 
its ; but  every  such  inhabitant  or  person  who  is  not  a pauper  shall  pay, 
to  such  board  or  such  officer  as  it  shall  designate  for  such  city,  such 
reasonable  compensation  for  occupancy,  nursing,  care,  medicines  or  at- 
tendance, according  to  the  rules  and  regulations  prescribed  by  said 
board  ; such  hospital  always  being  subject  to  such  reasonable  rules  and 
regulations  as  said  board  may  adopt  in  order  to  render  the  use  of  said 
hospital  of  the  greatest  benefit  to  the  greatest  number  ; and  said  board 
may  exclude  from  the  use  of  said  hospital  any  and  all  inhabitants 
and  persons  who  shall  willfully  violate  such  rules  or  regulations.  And 
said  board  may  extend  the  privileges  and  use  of  such  hospital  to  per- 
sons residing  outside  of  such  city  in  this  state,  upon  such  terms  and 
conditions  as  said  board  may,  from  time  to  time,  by  its  rules  and  regu- 
lations prescribe. 

6o4i.  Patients’  paying  — collection  and  payment  over.]  §8. 

Said  board  of  directors  shall,  in  the  name  of  such  city,  receive  and 
collect  from  such  inhabitant  or  person  the  compensation  aforesaid,  and 
shall,  as  often  as  once  in  each  month,  j)ay  over  to  the  city  treasurer  all 
compensation  received  or  collected  during  the  month,  and  take  the  re- 
ceipt of  such  treasurer  therefor;  and  shall,  also,  at  the  regular  monthly 
meeting  of  the  city  council,  report  to  such  city  council  the  names  of  the 
persons  or  inhabitants  from  whom  such  compensation  has  been  received 
or  collected,  and  the  amount  so  received  or  collected  from  each,  and  the 


Houses  of  Correction. 


2G8d 


date  wlieii  so  received  or  collected.  And  said  board  of  directors  shall 
make,  on  or  before  the  second  Monday  in  June,  an  annual  report  to  the 
city  council,  stating  the  condition  of  their  trust  on  the  first  day  of  June 
of  that  year,  the  various  sums  of  money  received  from  the  “hospital 
fund  ” and  from  other  sources,  and  how  much  money  has  been  expended 
and  for  what  purposes;  the  number  of  patients  and  such  other  statistics, 
information  and  suggestions  as  they  may  deem  of  general  interest. 

6o4j.  Quarantine  regulations.]  § 9.  When  such  hospital  is  so  es- 
tablished, the  physicians,  nurses,  attendants,  the  persons  sick  therein, 
and  all  persons  approaching  or  coming  within  the  limits  of  the  same, 
and  all  furniture  and  other  articles  used  or  brought  there  shall  be  sub- 
ject to  such  rules  and  regulations  as  said  board  may  prescribe. 

6o4k.  Donations  — title  vest  in  special  trust.]  § 10.  Any  per- 
son desiring  to  make  donations  of  money,  personal  property  or  real 
estate  for  the  benefit  of  such  hospital,  shall  have  the  right  to  vest  the 
title  to  the  money  or  real  estate  so  donated  in  the  board  of  directors 
created  under  this  act,  to  be  held  and  controlled  by  such  board,  when 
acce]3ted,  according  to  the  terms  of  the  deed,  gift,  devise  or  bequest  of 
such  property;  and  as  to  such  property  the  said  board  shall  be  held  and 
considered  to  be  special  trustees. 

6o41.  Physicians  treating.]  § 11.  All  physicians  who  are  recog- 
nized as  legal  practitioners  by  [the]  state  board  of  health  of  Illinois 
shall  have  equal  privileges  in  treating  patients  in  said  hospital. 

15.  HOUSES  OF  CORRECTION. 

Section.  Section. 

605.  Cities  may  establish.  613.  Commitment  of  county  convicts. 

606.  Inspectors  — appointment  — term  of  614.  Conveying  convict  to  house  of  cor- 

office.  rection  — fees. 

607.  Rules  — employes  — appropriations.  615.  Application  of  other  laws,  etc. 

608.  Compensation  and  duties  of  inspect-  616.  House  of  shelter  for  females. 

ors  — records.  617.  Expenses — how  paid. 

609.  Books — quarterly  statement  — ac-  618.  United  States  convicts. 

counts.  619.  Bridewell  changed  to  house  of  cor- 

610.  Further  reports— removal  of  officers,  rection. 

etc.  620.  Salary  of  superintendent  — record  of 

611.  Duties  of  superintendent  — appoint-  conduct  — good  time. 

ment  — term  of  office  — deputy.  621.  Oath  — bond. 

612.  County  may  use  house  of  correction. 

An  act  to  establish  houses  of  correction,  and  autliorize  the  confinement 
of  convicted  persons  thereto.  [Approved  April  25,  1871.  R.  S., 
1874,  ch.  67. 


Houses  of  Correction. 


zm 


605.  Cities  may  establish.]  § 1.  Be  it  enacted  hy  the  jyeople  of 
the  state  of  Illinois^  represented  in  the  general  assembly^  It  shall  be 
lawful  for  tlie  municipal  authorities,  of  any  city  within  this  state,  to 
establish  a bouse  of  correction,  which  shall  be  used  for  the  confinement 
and  punishment  of  criminals,  or  persons  sentenced  or  committed  thereto 
under  the  provisions  of  tins  act,  or  any  law  of  this  state,  or  ordinance 
of  any  city  or  village,  authorizing  the  confinement  of  convicted  })cr- 
sons,  in  any  such  house  of  correction.  [As  amended  by  act  approved 
May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  177. 

606.  Inspectors  — appointment  — term  of  office.]  § 2.  The 
management  and  direction  of  any  house  of  correction  already  established, 
or  which  may  hereafter  be  established  in  any  such  city,  shall  be  under 
the  control  and  authority  of  a board  of  inspectors,  to  be  appointed  for 
that  purpose  as  in  this  section  directed.  The  mayor  of  said  city  shall, 
by  virtue  of  his  office,  be  a member  of  said  board,  who,  together  with 
three  persons  to  be  appointed  by  the  mayor,  by  and  with  the  advice 
and  consent  of  the  legislative  authority  of  said  city,  shall  constitute  the 
said  board  of  inspectors.  The  term  of  office  for  the  appointed  mem- 
bers of  said  board  shall  be  three  years,  but  the  members  first  appointed 
shall  hold  their  office,  respectively,  as  shall  be  determined  by  lot  at  the 
first  meeting  of  said  board,  for  one,  two  and  three  years  from  and  after 
the  first  Monday  in  May,  in  the  year  of  our  Lord  1871  and,  thereafter, 
one  member  shall  be  appointed  each  year  for  the  full  term  of  three 
years. 

607.  Rules  — employes  — appropriations.]  §3.  That,  whenever 
a board  of  inspectors  have  been  organized,  as  in  section  second  of  this 
act  directed,  they  shall  have  power  and  authority  to  establish  and 
adopt  rules  for  the  regulation  and  discipline  of  the  said  house  of  cor- 
rection, for  which  they  have  respectively  been  appointed,  and,  upon 
the  nomination  of  the  superintendent  thereof,  to  appoint  the  subordi- 
nate officers,  guards  and  employes  thereof  ; to  fix  their  compensation 
and  prescribe  their  duties  generally  ; to  make  all  such  by-laws  and  or- 
dinances in  relation  to  the  management  and  government  thereof  as 
they  shall  deem  expedient.  No  appropriation  of  money  shall  be  made 
by  the  said  board  of  inspectors  for  any  purpose  other  than  the  ordinary 
and  necessary  expenses  and  repairs  of  said  institution,  except  with  the 
sanction  of  the  legislative  authority  of  said  city. 

608.  Compensation  and  duties  of  inspectors  — records.]  § -t. 
Said  inspectors  shall  serve  without  fee  or  compensation.  There  shall 
be  a meeting  of  the  entire  board,  at  the  house  of  correction,  once  in 
every  three  months,  when  they  shall  fully  examine  into  its  manage- 
ment in  every  department,  hear  and  determine  all  complaints  or  (pies- 
tions  not  within  the  province  of  the  superintendent  to  determine,  and 
make  such  further  rules  and  regulations  for  the  good  government  of 
said  house  of  correction  as  to  them  shall  seem  proper  and  necessary. 
One  of  said  appointed  inspectors  shall  visit  the  said  liouse  of  con-ec- 
tion  once,  at  least,  in  each  month.  All  rules,  regulations  or  other  or- 
ders of  said  board  shall  be  recorded  in  a book  to  be  kept  for  that  pur. 


IIOL'SKS  OF  ('OJIUECTIOX. 


,?70 

pose,  wliicli  shall  be  deemed  a public  record,  and,  with  the  other  books 
and  records  of  said  house  of  correction,  shall  be  at  all  tiiries  subject  to 
the  examination  of  any  member  or  committee  of  the  legislative  author- 
ity, tlu!  conij)t roller,  treasurer,  cor[)oratiou  counsel  or  attorney  of  any 
such  city. 

609.  Books— quarterly  statement— accounts.]  § 5.  The  books 
of  said  house  of  correction  shall  be  so  kept  as  to  clearly  exhibit  the 
state  of  the  ])risoners,  tlie  number  received  and  discharged,  the  num- 
ber employed  as  servants  or  in  cultivating  or  improving  the  premises, 
the  number  employed  in  each  branch  of  industry  carried  on,  and  the 
receipts  from,  and  expenditures  for,  and  on  account  of,  each  department 
of  business,  or  for  improvement  of  the  premises.  A quarterly  state- 
ment shall  be  made  out,  which  shall  specify,  minutely,  all  receipts 
and  expenditures,  from  whom  received  and  to  whom  paid,  and  for 
what  juirpose;  proper  vouchers  for  each,  to  be  audited  and  certified  by 
the  inspectors,  and  submitted  to  the  comptroller  of  said  city,  and  by 
him,  to  the  legislative  authority  thereof,  for  examination  and  approval. 
The  accounts  of  said  house  of  correction  shall  be  annually  closed  and 
balanced  on  the  first  day  of  January  of  each  year,  and  a full  report  of 
the  operations  of  the  preceding  year  shall  be  made  out  and  sul)initted 
to  the  legislative  authority  of  said  city,  and  to  the  governor  of  the 
state,  to  be  b}^  him  transmitted  to  the  general  assembly.  [As  amended 
by  act  approved  May  31,  1879.  In  force  Julv  1,  1879.  L.  1879,  p. 
177. 

610.  Further  reports  — removal  of  officers  etc.]  § 6.  The  legis- 
lative authority  of  said  city  may  require  such  further  reports  and  ex- 
hibits of  the  condition  and  management  of  such  institution  as  to  them 
shall  seem  necessary  and  proper,  and  may,  with  the  approval  of  the 
mayor,  remove  any  inspector  of  said  institution.  But,  any  subordinate 
officer  or  employe  may  be  removed  by  the  superintendent  at  his  dis- 
cretion ; but,  immediately  upon  the  removal  of  such  officer  or  employe, 
he  shall  report  to  said  board  the  name  of  the  person  removed,  and  the 
cause  of  such  removal. 

611.  Duties  of  superintendent  — appointment  — term  of  office  — 
deputy.]  § 7.  The  superintendent  of  the  said  house  of  correction  shall 
have  entire  control  and  management  of  all  its  concerns,  subject  to  the 
authority  established  by  law,  and  the  rules  and  regulations  adopted 
for  its  government.  It  sliall  be  his  duty  to  obey  and  carry  out  all 
written  orders  and  instructions  of  the  inspectors  not  inconsistent  with 
the  laws,  rules  and  regulations  relating  to  the  government  of  said  insti- 
tution. He  shall  be  appointed  by  the  mayor  by  and  with  the  consent 
of  said  board  of  inspectors,  and  shall  hold  his  office  for  fonr  years  and 
until  his  successor  shall  have  been  duly  appointed  and  qualified,  but  he 
may  be  removed  by  tlie  inspectors  at  any  time,  when  in  their  judg- 
ment it  shall  be  advisable.  He  shall  l>e  responsible  for  the  manner  in 
which  said  house  of  correction  is  managed  and  conducted.  He  shall 
reside  at  said  house  of  correction,  devote  all  his  time  and  attention  to 
the  business  thereof,  and  visit  and  examine  into  the  condition  and 


Houses  of  Cokuectio.n. 


271 


miuiagcinent  of  every  depiirtiiient  thereof  und  of  each  })risoner  therein 
conlined,  daily.  He  shall  exercise  a general  supervision  and  direction 
ill  regard  to  the  discipline,  police  and  bii&iness  of  said  house  of  correc- 
tion. The  deputy  superintendent  of  said  home  of  correction  shall 
have  and  exercise  the  powers  of  the  superintendent  in  his  absence,  su 
far  as  relates  to  the  discipline  thereof  and  the  safe  kee[)iiiir  of  ]u-isoncrs. 

612.  County  may  use  house  of  correction.]  § 8.  The  board  of 
supervisors  or  coininissionors  of  any  county,  and  the  board  of  trustees 
of  any  village  or  town,  in  any  county  in  tliis  state  in  which  a hoii^e  of 
correction  is  established,  shall  have  full  power  and  authority  to  enter 
into  an  agreement  with  the  legislative  authority  of  such  city,  or  with 
any  authorized  agent  or  officer  in  behalf  of  such  city,  to  receive  and 
keep  in  said  house  of  correction  any  person  or  persons  who  may  be 
sentenced  or  committed  thereto,  by  any  court  or  magistrate,  in  any  of 
said  counties.  Whenever  such  agreement  shall  have  been  made,  it 
shall  be  the  duty  of  the  board  of  supervisors  or  commissioners  for  any 
county  in  behalf  of  which  such  agreement  shall  have  been  made,  or  of 
the  trustees  of  the  village  or  town,  in  behalf  of  which  such  agreement 
has  been  made,  as  the  case  may  be,  to  give  public  notice  thereof,  in 
some  newspaper  printed  and  published  within  said  county,  for  a period 
not  less  than  four  weeks,  and  such  notice  shall  state  the  period  of  time 
for  which  such  agreement  will  remain  in  force.  [As  amended  by  act 
approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  177. 

613.  Commitment.]  § 9.  In  counties,  towns  and  villages  having 
such  agreement  with  any  such  city,  it  shall  be  the  duty  of  every  court, 
police  justice,  justice  of  the  peace,  or  other  magistrate  in  such  county, 
town  or  village,  by  whom  any  person,  for  any  crime  or  misdemeanor, 
punishable  by  imprisonment  in  the  county  jail,  shall  be  convicted,  to 
commit  such  person  to  the  house  of  correction,  in  lieu  of  committiug 
him  to  the  county  jail,  village  or  town  calaboose,  there  to  be  received, 
and  kept  in  the  manner  prescribed  by  law  and  the  discipline  of  said 
house  of  correction.  And,  it  shall  be  the  duty  of  such  court,  police 
justice,  justice  of  the  peace,  or  other  magistrate,  by  a warrant  of  com- 
mitment, duly  issued,  to  cause  such  [person  so  sentenced,  to  be  forth- 
with conveyed  by  some  proper  officer  to  said  house  of  correction.  [As 
amended  by  act  approved  May  31,  1879.  In  force  July  1,  1879.  L. 
1879,  p.  178. 

614.  Conveying  convict  to  house  of  correction  — fees.]  § 10. 

It  shall  be  the  duty  of  the  sheriff,  constable  or  other  officer  in  and  for 
any  county  having  such  agreement  with  any  such  city  to  whom  any 
warrant  of  commitment  for  that  purpose  may  be  directed  by  any  court, 
justice  or  magistrate  aforesaid,  in  such  county,  to  convey  such  person 
so  sentenced  to  the  said  house  of  correction,  and  there  deliver  sucli  per- 
son to  the  keeper  or  other  proper  officer  of  said  house  of  correction, 
whose  duty  it  shall  be  to  receive  such  person  so  sentenced,  and  to  safely 
keep  and  employ  such  person  for  the  term  mentioned  in  the  warrant 
of  commitment,  according  to  the  laws  of  said  house  of  correction  ; and 
the  officers  thus  conveying  and  so  delivering  the  person  or  persons  so 

' library  I 


Houses  of  Correction. 


sentenced  shall  be  allowed  such  fees,  as  compensation  therefor,  as  shall 
be  ])i*escribed  or  allowed  by  the  board  of  supervisors  or  commissioners 
of  tlie  said  c(Uinty. 

615.  Application  of  other  laws  etc.J  § 11.  All  provisions  of  law 
and  ordinances  authorizing  the  commitment  and  coiitinement  of  per- 
sons in  jails,  bridewells  and  other  city  prisons,  are  hereby  made  appli- 
cable to  all  ])ersons  who  may  or  shall  be,  under  the  provisions  of  this 
act,  sentenced  to  such  house  of  cori’cction. 

616.  House  of  shelter.]  § 12.  It  shall  be  lawful  for  the  ins])ectors 
of  any  such  house  of  correction  to  establish  in  connection  with  the 
same  a department  thereof,  to  be  called  a house  of  shelter,  for  the  more 
complete  reformation  and  education  of  females.  The  inspectors  shall 
adopt  rules  and  regulations  by  which  any  female  convict  may  be  im- 
prisoned in  one  or  more  separate  apartments  of  the  said  house  of  cor- 
rection, or  of  the  department  thereof  called  the  house  of  shelter.  The 
superintendent  of  said  house  of  correction  shall  appoint,  by  and  with 
the  advice  of  the  board  of  inspectors,  a matron  and  other  teachers  and 
employes  for  the  said  house  of  shelter,  whose  compensation  shall  be 
lixed  and  provided  for  as  in  this  act  provided  for  the  officers  and  other 
employes  of  the  said  house  of  correction. 

617.  Expenses,  how  paid.]  §13.  The  expenses  of  maintaining  any 
such  house  of  correction  over  and  above  all  receipts  for  the  labor  of  per- 
sons confined  therein,  and  such  sums  of  money  as  may  be  received,  from 
time  to  time,  by  virtue  of  an  agreement  with  a county,  as  in  this  act 
contemplated,  shall  be  audited  and  paid,  from  time  to  time,  by  the  legis- 
lative authority  of  such  city,  and  shall  be  raised,  levied  and  collected  as 
the  ordinary  expenses  of  the  said  city. 

618.  United  States  convicts.]  § IT  It  shall  be  lawful  for  the  in- 
spectors of  any  such  house  of  correction  to  enter  into  an  agreement 
with  any  officer  of  the  United  States,  authorized  therefor,  to  receive 
and  keep  in  such  house  of  correction  any  person  sentenced  thereto,  or 
ordered  to  be  imprisoned  therein,  by  any  court  of  the  United  States  or 
other  federal  officer,  until  discharged  by  law. 

619.  Bridewell  changed  to  house  of  correction.]  § 15.  That,  in 
any  such  city  having,  prior  to  the  passage  of  this  act,  established  a 
bridewell  for  the  confinement  of  convicted  persons,  such  institution 
shall,  immediately  upon  the  appointment  of  the  inspectors  in  this  act 
contemplated,  be  known  and  denominated  as  the  house  of  correction 
of  the  city  in  which  it  is  located. 

620.  Salary  of  superintendent — record  of  conduct  — good 
time.]  § 16.  The  superintendent  of  any  such  house  of  correction 
shall  receive  a salary  per  annum,  to  be  fixed  by  the  legislative  autho- 
rity of  such  city,  to  be  paid  quarterly.  It  shall  be  his  duty  to  keej')  a 
record  of  each  and  all  infractions  of  the  rules  and  discipline  of  said 
house  of  correction,  witli  the  names  of  each,  the  convict  offending,  and 
the  date  and  character  of  each  offense,  and  every  convict -sentenced  or 
committed  for  six  months  or  more,  whose  name  does  not  appear  upon 
such  record,  shall  be  entitled  to  a reduction  of  three  days  per  month 


InSUUAXCE — r.AXDIN(iS  AND  LeVEES.  273 

from  Ills  or  her  sentence,  for  each  montli  he  or  she  sluill  continue  to 
obey  all  the  rules  of  said  house  of  correction. 

621.  Oath  — bond.]  §17.  The  inspectors  of  any  such  house  of 
correction  and  the  superintendent  thei-eof,  shall,  before  they  enter  on 
the  duties  of  their  respective  offices,  take  and  subscribe  the  usual  oath 
of  office.  Said  inspectors  and  superintendent  shall  severally  give  bond 
to  such  city  with  sureties,  and  in  a penal  sum  such  as  may  be  required 
by  the  legislative  authority  thereof,  for  the  faithful  performance  of 
their  duties. 

16.  INSURANCE. 

Section. 

622.  Tax  on  net  receipt. 

An  act  to  amend  section  thirty  (60)  of  an  act  entitled  An  act  to  in- 
corporate and  govern  fire,  marine  and  inland  navigation  insurance 
companies,  doing  business  in  the  state  of  Illinois”.  [Approved 
March  11,  18.69. 

622.  Tax  on  net  receipt.]  §30.  Ev^ery  agent  of  any  insurance 
company  incorporated  by  the  authority  of  any  other  state  or  govern- 
ment, shall  return  to  the  proper  officer  of  the  county,  town  or  munici-  * 
pality  in  which  the  agency  is  established,  in  the  month  of  May, 
annually,  the  amount  of  the  net  receipts  of  such  agency  for  the  pre- 
ceding year,  which  shall  be  entered  on  the  tax  lists  of  the  county, 
town  and  municipality  and  subject  to  the  same  rate  of  taxation  for  all 
purposes  — state,  county,  town  and  municipal  — that  other  personal 
property  is  subject  to  at  the  place  where  located  ; said  tax  to  be  in  lieu 
of  all  town  and  municipal  licenses;  and  all  laws  and  parts  of  laws 
inconsistent  herewith  are  hereby  repealed  : Provided,  that  the  provisions 
of  this  section  shall  not  be  construed  to  prohibit  cities  having  an  organ- 
ized fire  department  f’  jin  levying  a tax,  or  license  fee,  not  exceeding  • 
two  per  cent.,  in  accordance  with  the  provisions  of  their  respective 
charters,  on  the  gross  receipts  of  such  agency,  to  be  applied  exclusively 
to  the  support  of  the  fire  department  of  such  city.  [As  amended  by 
act  approved  May  81,  1879.  In  force  July  1,  1879.  L.  1879,  p.  179. 

1.  See  § 121;  art.  7,  § 23  and  notes,  as  to  tlie  eftect  of  this  statute. 

2.  Ordinance,  by  a city  under  tlie  general  incorporation  act,  prohibiting  foreign 
insurance  companies  from  insuring  property  without  first  procuring  a license,  is  ultra 
vires;  Chicago  v.  Phoenix  Ins.  Co.,  26  111.,  278;  Chi.  t.  Case,  126  111.,  282,  note. 


17.  LANDINGS  AND  LEYEES. 


Section. 

623.  When  landings  and  levees  may  be 

leased. 

624.  What  lands  may  be  leased  — when 

lease  shall  take  effect. 

625.  Power  to  protect  from  overflow  of 

levees  etc. 

626.  Purchase  or  coi^emnation  of  lands. 

627.  Notice  to  owners,  to  repair. 

35 


Section. 

628.  When  city  etc.  may  repair. 

629.  City  etc.  may  enter  on  lands  to  repair. 

630.  Work  charged  to  party  liable  — lien 

therefor. 

631.  Lien — how  enforced. 

632.  Who  may  purchase  at  sale. 

633.  Emergency  — repairs  — payment  — 

lien  — defense. 


274 


Laxdixgs  anjj  Levees. 


Section.  Section. 

(|;M.  Public  landing  placi^s  — ordinances  680.  Liability  of  city  subject  to  overflow 
— tolls  — ^rrade  — ])enalty.  for  damages — insuflicient  levee. 

085.  Stagnant  wat(;r  — abatement  of  nni-  037.  Proceeding,  where  land  below  grade, 
sauce.  087a.  Penalty  for  cutting. 

All  net  to  juithorize  incorporated  cities,  towns  or  villages  in  this  state, 
situated  ujion  the  hanks  of  navigable  rivers,  to  lease  parts  of  their 
])nhlic  landings  or  levees.  [Appi’oved  March  31,  187*1.  In  force 
July  1,  1871.^  II.  S.,  1874,  ch.  24,  §§  229-30. 

623.  When  landings  and  levees  may  be  leased.]  §1. 
actedhy  t/ie  2)eoj)le  of  the  state  of  Illinois,  represented  in  the  general 
assembly^  That,  whenever,  in  the  opinion  of  tlie  legislative  authority  of 
any  incorporated  city,  or  of  the  president  and  lioard  of  trustees  of  any 
incorjiorated  town  or  village  of  tliis  state,  situate  upon  the  banks  of  any 
navigable  river,  the  lands  acquired  and  owned  by  any  such  city,  town 
or  village,  for  the  purpose  of  a public  landing  or  public  levee,  are  not 
immediately  re([uired  for  such  purpose,  then  any  such  city,  town  or 
village  may  lease  such  parts  of  such  landing  or  levee  as  may  be  thought 
best  by  the  legislative  authority  of  such  city,  or  president  and  board  of 
trustees  of  such  town  or  village,  for  the  purpose  of  erecting  manufac- 
tories, warehouses  or  grain  elevators  thereon  : Provided,  no  such  lease 
shall  extend  beyond  the  period  of  twenty- five  years  from  its  execution. 

1 . See  § 65,  clauses  82-3. 

624.  What  lands  — when  lease  may  take  effect — definition  — 
restriction.]  § 2.  That,  the  right  of  any  such  city,  town  or  vilhige  to 
lease  any  part  of  the  land  in  the  foregoing  section,  shall  embrace  all 
such  lands  as  may  have  been  conveyed  to  the  same:  Provided,  however, 
no  such  lease  shall  take  effect  or  be  in  force  until  approved  by  an  order, 
resolution  or  ordinance  of  the  legislative  authority  of  such  city,  or  presi- 
dent and  board  of  trustees  of  such  town  or  village.  The  words  “ legis- 
lative authority  ”,  when  used  in  this  act,  shall  be  held  to  include  the 
common  council.  The  jirovisions  of  this  act  shall  not  apply  to  cities 
having  over  one  hundred  thousand  inhabitants. 

An  act  to  authorize  cities,  towns  and  villages  to  protect  the  site  thereof 
from  overflow  and  inundation,  and  to  regulate  and  control  private 
levees,  private  wharves  and  landing  ]daces,  or  embankments,  and  to 
compel  the  repairs  and  improvement  of  such  levees  or  embankments, 
and  to  cause  low  lots,  blocks  or  parcels  of  land  within  the  corporate 
limits  to  be  filled,  so  as  to  prevent  standing  watvr  thereon,  and  to  au- 
thorize cities,  towms  and  villages  to  purchase  or  condemn  lands,  sand 
banks,  gravel  pits,  and  rock  quarries,  for  any  of  the  purposes  above 
named.  [Approved  and  in  force  May  19,  1883.  L.  1883,  p.  63. 

625.  Power  to  protect  from  overflow  and  inundation  by  levees 
etc.j  §1.  Be  it  enacted  by  the  people  of  the  state  of  lllino) ft ^ repre- 
sented in  the  general  assembly.  That,  all  cities,  towns  and  villages  in 
this  state,  whether  incorporated  under  the  general  incorporation  act  for 
cities,  towns  and  villages,  or  under  any  special  charter,  that  are  subject 
to  overflow  or  inundation  shall  have  power  to  protect  the  site  of  such 


Lai^dings  and  Levees. 


.275 


city,  town  or  village  from  overtiow  or  inimdation  by  levees,  dykes,  or 
embankments. of  such  height  and  dimensions  as  the  corporate  authori- 
ties of  such  city,  town  or  village  may  deem  proper. 

626.  May  purchase  or  condemn  lands.]  § 2.  Such  city,  town  or 
village  may  purchase  or  enter  upon  and  condemn  lands  for  the  location 
and  construction  of  any  such  levee,  or  for  the  repairs  of  any  levee,  or 
dyke  now  built,  or  surrounding  any  such  city,  town  or  village,  in  the 
same  manner  that  lands  and  right  of  way  is  now  condemned  for  rail- 
road purposes. 

627.  Notice  to  owner  of  levees  etc.  to  repair.]  § 3.  In  all  in- 
stances where  any  city,  town  or  village  in  this  state  is  now  or  shall 
hereafter  be  surrounded  in  whole  or  in  part  by  any  levee,  dyke,  embank- 
ment or  other  structure,  which  is  used  or  permitted  to  be  used  as  a pro- 
tection to  any  such  city,  town  or  village,  from  overflow  and  inundation, 
and  which  is  owned  or  claimed,  in  whole  or  in  part,  by  any  individual, 
private  corporation  or  trust  company,  and  whose  duty  it  is  in  law  or 
equity  to  keep  up  and  maintain  such  levee,  dyke,  embankment  or 
other  structure,  and  the  same  shall  be  found  to  be  insulflcient  in  width 
or  height,  or  too  steep  of  grade,  or  which  shall  become  impaired  by 
wash  or  abrasion  of  the  rivers,  by  caving  banks,  by  impairment  of  the 
base  or  surface  of  the  slope,  or  any  other  injury  that  may  happen  to 
any  such  levee,  dyke,  embankment  or  other  structure,  that,  in  the  judg- 
ment of  the  city  council,  or  board  of  trustees,  or  other  municipal  au- 
thorities of  any  such  city,  town  or  village,  shall  become  unsafe  or  inse- 
cure for  the  purpose  for  which  it  was  erected  or  used,  and  the  party 
whose  duty  it  is  in  law  or  equity  to  protect,  maintain,  and  keep  in  repair 
such  levees,  embankments  or  dykes,  shall  not  repair,  enlarge,  or  heighten 
the  same,  as  the  case  shall  demand,  it  shall  be  the  duty  of  the  city 
council,  or  board  of  trustees  of  any  such  city,  town  or  village,  to  cause 
notice  to  be  servea  upon  the  owner  or  person  in  charge  of  any  such 
levee,  dyke,  embankment  or  structure,  or  any  agent  of  any  such  owner 
or  person  in  charge  thereof,  of  the  condition,  impairment  or  insufticiency 
of  any  such  levee,  dyke,  embankment  or  other  structure,  and  that  the 
same  must  be  repaired  or  improved  as  directed  in  said  notice. 

628.  When  may  be  repaired  by  city  etc.]  § I.  If  the  owner,  or 
agent,  or  person  in  ]>ossession  of  any  levee,  dyke,  embankment  or  other 
structure,  shall  not,  within  ten  days,  from  tlie  date  of  servioe  of  any 
such  notice,  in  good  faith  commence  the  work  so  to  be  done,  and  con- 
tinue the  same  with  all  reasonable  diligence  until  it  is  coiii])leted,  any 
such  city,  town  or  village  may  declare  such  levee  a nuisance,  and  pro- 
ceed to  repair  or  improve  the  same  so  as  to  make  such  levee,  dyke  or 
embankment  secure  and  suflicient  for  the  purposes  for  which  it  was 

• intended  or  used. 

629.  City  etc.  may  enter  on  lands  etc.  to  repair.]  § 5.  For  the 

purpose  of  making  any  such  repairs  or  improvement,  any  such  city, 
town  or  village  may  enter  upon  any  of  the  adjacent  lands  of  the  owner 
of  any  such  levee,  dyke  or  embankment  and  take  therefrom  any  earth, 


27(i 


Landings  and  Levees. 


sand,  stone  or  otlier  material  for  tlie  ]nirpose  of  making  such  improve- 
ment or  repairs,  witliont  being  liable  for  trespass  or  the  value  thereof. 

630.  Work  charged  to  party  liable  ; to  be  a lien.]  § 6.  All  such 
work  done  u])on  any  such  levee,  dyke  or  embankment,  by  any  city,  town 
or  village,  shall  be  charged  up  to  the  party  liable  therefor,  and  shall  be 
a lien  upon  any  such  levee,  dyke  or  embankment,  and  any  connecting 
levee,  dyke  or  embankment,  which  forms  a part  of  the  system  of  levee 
]n-()tection  intended  for  such  city,  town  or  village  belonging  to  the 
party  so  liable,  notwithstanding  the  lines  of  levees  may  be  disconnected 
by  intervening  ownersliips. 

631.  How  lien  enforced.]  § 7.  If  the  expense  incurred  by  any  such 
city,  town  or  village  is  not  paid  by  such  owner  or  person  liable,  within 
twenty  days  of  the  presentation  of  the  bill  therefor  by  the  city,  town 
or  village  clerk,  when  directed  by  the  city  council  or  board  of  trustees, 
then  such  city,  town  or  village  may  enforce  the  lien  hereby  created  in 
any  court  of  competent  jurisdiction,  in  the  same  manner  as  mechanics’ 
liens  are  now  enforced  under  the  statute  of  this  state,  provided  the  sale 
under  the  decree  for  sale  of  any  such  levee,  dyke  or  embankment  shall 
be  absolute  and  without  redemption. 

632.  Who  may  purchase  at  sale.]  § 8.  Any  such  city,  town  or 
village  may  become  purchaser  at  any  such  sale,  and  when  so  purchased, 
the  city  town  or  village  may  take  immediate  possession  thereof,  and 
use,  own  and  contract,  as  to  the  same  in  the  same  manner  as  if  it  had 
been  originall}^  built  by  the  city  ; but,  if  purchased  by  any  other  person 
or  corporation,  then  such  levee  or  embankment  shall  be  subject  to  this 
statute  in  the  same  manner  as  it  was  in  the  hands  of  the  original 
owner. 

633.  Emergency  — repairs  — payment — lien — defense.]  § 9. 

AVliere  any  city,  town  or  village  has,  heretofore,  built  or  repaired  any 
part  of  any  levee,  dyke  or  embankment,  when  the  original  levee  or 
embankment  had  been  destroyed,  or  become  insecure  by  the  wash  or 
abrasion  of  the  rivers  or  the  caving  in  of  the  banks,  and  the  pai't  so 
built  or  repaired  formed  a part  of  a system  of  levees  surrounding  any 
such  city,  town  or  village,  for  the  purposes  mentioned  in  this  act,  and 
the  same  is,  or  was,  owned  and  controlled  by  any  person,  or  corpora- 
tion, or  trustee,  and  such  system  of  levees,  dykes  or  embankments  was 
originally  intended  by  the  builder  or  builders,  and  was  necessary,  as  a 
protection  to  the  site  of  any  such  city,  town  or  village,  and  it  was,  at 
the  time  of  the  making  of  the  improvements  mentioned  in  this  section, 
the  duty  of  any  such  owner,  either  in  law  or  equitj^,  to  maintain  and 
keep  in  repair  such  system  of  levees  or  embankments,  and  that  at  the 
time  of  making  such  improvement  or  repairs  there  appeared  to  be  an 
emergency  for  the  performance  of  such  work,  then  any  such  city,  town 
or  village  may  have  its  action  to  recover  back  what  it  has  expended  in 
that  regard,  and  may  file  its  bill  or  petition  as  in  case  of  mechanics’ 
lien,  and  the  amount  so  expended  shall  be  a lien  upon  the  whole  of 
such  levee  system  belonging  to  the  party,  so  defaulting  at  the  time  of 
the  filing  of  such  bill,  from  the  date  of  the  filing  of  any  such  bill  or 


Landings  and  Levees. 


277 


petition,  and  it  sliall  be  no  answer  or  defense  that  any  sncli  city,  town 
or  village  made  such  expenditure,  or  did  such  work  as  was  done,  with- 
out authority  of  law  or  the  owners  of  tlie  original  levee. 

634.  Public  landing  places  — ordinances  — tolls  — grade  — 
penalty.]  § 10.  Whenever  the  site  of  any  city,  town  or  village  in 
this  state,  is  or  has  been  located  upon  any  of  the  navigable  waters  of 
this  state  or  any  of  the  navigable  waters  bordering  this  state,  and  the 
site  thereof  has  been  surrounded  by  levees  or  embankments  to  prevent 
overflowing  or  inundation,  and  such  levees  are  owned  or  controlled  by 
private  persons,  corporations  or  trustees,  and  any  part  of  such  levee  or 
embankment  has  been  by  the  owner  or  owners  thereof  set  apart  for  a 
landing  place  for  vessels  and  water  craft,  and  the  place  so  set  apart  for 
a landing  place  has  been  used  by  tlie  public  free  of  charge,  by  foot- 
men, or  for  wagons,  drays  and  other  vehicles  conveying  persons  or  pro- 
perty to  and  from  said  landing  for  a term  of  twenty  years  or  more,  and 
the  owner  thereof  claims  the  right  to  collect  wharfage,  tolls  or  a rea- 
sonable compensation  for  the  landing  of  steamboats  or  other  water 
craft  at  any  such  landing  place,  then  any  such  city,  town  or  village 
may,  by  ordinance,  determine  the  slope  or  grade  of  any  such  levee,  so 
used  for  public  landing  purposes,  and  the  pavement  thereof,  and  the 
rate  of  toll  or  compensation  to  be  charged  at  such  landing.  It  shall 
be  the  duty  of  the  owner  thereof  to  grade,  pave  and  keep  such  slope 
in  repair  as  directed  by  ordinance,  and  may  enforce  the  same  by 
proper  penalties,  or  forfeitures  of  any  right  to  collect  wharfage  at  any 
such  landing  until  the  ordinances  in  that  regard  have  been  complied 
with  and  may  enforce  the  powers  herein  granted,  by  proper  ordinances. 

635.  Stagnant  water  — nuisance  — abatement  of.]  §11.  Any 
city,  town  or  village  in  this  state,  wherein  there  are  lots,  blocks,  or 
places  wherein  stagnant  water  is  liable  to  stand,  from  surface  water  or 
sipe  water  or  ''verflow,  so  that  the  same  becomes  a nuisance,  or  is  dan- 
gerous to  the  public  health  of  any  such  city,  town  or  village,  the  corpo- 
rate authorities  thereof  may  declare  such  lots,  blocks  or  places  of  land 
to  be  nuisances,  and  order  the  same  fllled  to  grade,  or  to  such  height 
as  will  prevent  such  standing  water,  and  for  the  purpose  of  Ailing  anj’ 
such  lots,  blocks  or  places,  such  cit}%  town  or  village  may  purchase  or 
condemn  lands,  sand  banks,  or  gravel,  in  the  same  manner  as  in  other 
cases  under  this  act. 

636.  Liabilities  of  proprietors  of  city  subject  to  overflow  for 
damages  — insufficient  levees.]  § 12.  In  all  cases  where  any  per- 
son or  persons,  trustees,  company  or  corporation,  has  heretofore,  or 
shall  hereafter  lay  out  any  city,  town  or  village,  within  this  state,  the 
site  whereof  is  liable  to  overflow,  and  is  surrounded  in  whole,  or  in 
part,  by  a levee  or  embankment,  and  the  owner  or  proprietors  of  the 
site  of  such  city,  town  or  village  shall,  or  shall  have,  in  laying  out  and 
platting  the  same,  reserve  or  reserved,  retain  or  retained,  as  private 
property,  a strip  or  strips  of  land  surrounding  the  site  thereof  for  the 
purpose  of  building  such  levees  or  embankments  thereon,  and  shall  ac- 
tually build  such  levees  or  embankments,  and  such  persons  or  owners 


278 


Landings  and  JjEvep:s. 


so  laying  out  sucli  city,  town  or  village  as  aforesaid,  shall,  after  the 
building  of  such  levees  or  enibankments  to  protect  the  site  of  any  such 
city,  town  or  village  from  overflow,  sell,  lease  or  convey  by  quit  claim 
or  deed  in  fee,  or  otherwise,  any  lots,  blocks  or  lands  within  the  district 
or  territory  sniTounded  by  such  levees  or  embankments,  it  shall,  from 
thenceforward,  become  the  duty  of  any  such  owner  or  person  and  their 
agents,  representatives  or  assigns,  to  keep  and  maintain  in  good  repair 
such  levees  and  enibankments,  and  upon  their  failure  so  to  do  such  per- 
sons, owners  or  assigns  shall  be  liahle  to  the  owner  or  owners  of  any 
lots,  blocks  or  lands  lying  within  such  levees,  whether  held  by  the  orig- 
inal purchaser  or  his  assigns,  and  such  persons  or  owners  of  such  levees 
or  embankments  shall  be  liable  in  damages  to  the  owners  of  any  per- 
sonal property  that  may  be  injured  by  the  giving  away  or  insufhciency 
of  any  such  levees  or  embankments,  and  may  have  their  action  on  the 
case  for  any  damage  they  may  suffer  by  reason  of  the  insufficiency,  im- 
pairment or  giving  away  of  any  such  levees  or  embankment ; or  any 
number  of  such  owners  of  lots,  blocks  or  land,  and  owners  of  personal 
property  damaged  as  aforesaid,  may  join  in  a petition  to  any  court  of 
record  of  competent  jurisdiction  in  this  state  for  redress  of  grievances 
under  this  section,  setting  forth  the  claims  of  each,  and  the  aggregate 
of  such  claims;  and  such  claims  shall  be  a lien  upon  such  levees  or  em- 
bankments, and  all  the  unsold  lands  or  lots  of  the  proprietors  of  such 
city,  town  or  village  within  such  levee  inclosure,  from  the  date  of  the 
filing  of  such  petition  ; and  the  proceedings  shall  be  the  same  as  in 
mechanics’  lien. 

637.  Proceedings,  where  land  below  grade.]  § 13.  In  any  city, 
village  or  town  in  this  state  wherein  there  are  lots,  blocks  or  parcels  of 
land  within  the  district  or  districts  where  the  grade  shall  have  been 
established  and  fixed  as  provided  for  in  section  11,  below  such  grade 
whereon  water  is  liable  to  drain  or  accumulate  from  such  drainage,  or 
from  rains  or  sipe  water,  and  stand  thereon,  thereby  endangering  the 
public  health,  it  shall  be  lawful  for  the  city  council  in  cities,  and  the 
board  of  trustees  in  towns  and  villages,  by  ordinance,  to  declare  all 
such  lots,  blocks  or  parcels  of  land,  a public  nuisance  and  order  notice 
to  be  served  on  the  owner  or  owners  of  such  lots,  blocks  or  parcels  of 
land  so  declared  to  be  a Y)ublic  nuisance,  to  fill  the  same  to  the  grade 
established  for  such  streets  under  the  provision  of  section  11,  within 
ten  days.  In  case  the  owner  or  owners  reside  without  this  state,  such 
notice  may  be  served  on  their  agent  or  agents,  if  such  reside  in  this 
state,  and  if  neither  the  agent  nor  owner  resides  in  this  state,  then  such 
notice  may  be  given  by  publication  for  twenty  days  in  a newspaper 
published  in  the  city,  town  or  village;  and  the  specified  time  for  the 
performance  of  such  work  shall  begin  to  run  from  the  date  of  the  last 
publication.  In  case  the  owner  or  owners  of  any  such  lot,  block  or 
parcel  of  land  shall  fail  to  comply  with  the  said  order,  and  fill  the  same 
within  the  time  allowed  for  the  doing  thereof,  it  shall  be  lawful  fur 
the  city,  town  or  village  to  do  the  said  tilling  ac  the  least  possible  cost, 
and  the  expense  thereof  shall  be  a first  lien  in  favor  of  such  city,  town 


Libraries,  Public. 


279 


or  village  upon  the  entire  interest  of  the  owner  or  owners  in  said  lot, 
block  or  parcel  of  land ; and  for 'the  purpose  of  enforcing  said  lien,  any 
city,  town  or  village  may  file  its  petition  in  the  circuit  court  of  the 
county  where  such  city,  town  or  village  is  situated,  which  court  is 
hereby  given  exclusive  jurisdiction  thereof,  stating  the  passage  of  the 
ordinance  declaring  such  lot  a nuisance,  the  giving  of  the  notice  afore- 
said, the  failure  of  the  owner  or  owners  to  comply  therewith,  the  ex- 
pense incurred  by  the  city,  town  or  village  in  filling  the  same,  and  on 
proof  thereof,  and  that  the  owner  has  been  notified  of  the  pendency 
of  the  proceedings,  in  the  same  manner  as  now  provided  by  law  for 
notifying  defendants  of  the  pendency  of  chancery  causes,  the  court 
shall  decree  the  payment  of  such  sum  with  interest  and  costs  within 
twenty  days,  and  that  such  citj^,  town  or  village  have  a lien  on  the  lot 
etc.  therefor,  and  also  that  said  lot  etc.  be  sold  in  the  manner  and  by 
the  officer  designated  by  the  court,  on  failure  to  pay  said  sum  found 
due  with  interest  and  costs,  without  redemption,  and  the  court  shall 
direct  a deed  to  be  made  to  the  purchaser  by  tlie  officer  so  making  the 
sale,  which  shall  vest  in  the  purchaser  all  the  right,  title  and  interest 
of  the  owner  or  owners  of  any  such  lot,  block  or  parcel  of  land.  Any 
mortgagee  of  any  such  lot,  block  or  parcel  of  land  shall  be  taken  and 
considered  an  owner  thereof  within  the  meaning  of  this  act. 

An  act  to  prevent  injury  to  levees  and  embankments.  [Approved 
June  18,  1891.  L,  1891,  p.  163. 

637a.  Penalty  for  cutting.]  § 1.  Be  it  enacted  hy  the  feojyle  of  the 
State  of  Illinois^  represented  in  the  general  assembly^  That  whoever  feloni- 
ously cuts  or  destroys  any  levee  or  embankment,  or  any  portion  thereof, 
around  any  city,  village,  town,  farm,  body  of  land,  or  upon  which  any 
public  road  or  railroad  is  located,  with  intent  to  cause  the  water  to  run 
through  or  across  the  same,  shall  be  guilty  of  a felony  and,  upon  con- 
viction, shall  be  imprisoned  not  less  than  one  nor  more  than  ten  years: 
Provided  this  act  shall  not  prevent  cuts  being  made  through  such  levees 
and  embankments  for  drainage  purposes,  if  the  same  is  done  at  a time 
and  in  the  manner  so  as  not  to  injure  such  levee  or  embankment. 

18.  LIBRARIES,  PUBLIC. 


Sfxtton. 

638.  Establishment  by  city  — tax — fund. 

639.  Appointment  of  directors. 

640.  Term  of  office  — removal. 

641.  V acancies  — compensation. 

642.  Organization  — powers  of  directors 

— funds. 

643.  Who  may  use  library. 

644.  Report  of  directors. 

645.  Council  may  fix  penalties. 

640.  Donations. 

647.  Powers  of  villages,  towns  and  town- 

ships. 

648.  Directors  in  villages,  towns  and 

townships. 


Section. 

649.  Emergency. 

649a.  Building,  procedure  to  construct  — 
tax  levy. 

649b.  Building  commenced  when. 

649c.  Plans  and  estimates  — contract. 

649(1.  Rental  — mortgage  — application  of 
statute. 

649e.  Donation  for  — incorporation. 

649f.  Statement  for  incorporation. 

649g.  Certificate  of  incorporation. 

649h.  Corporate  powers  — trustees’  duties 
— taxation. 


Am  act  to  authorize  cities,  incorporated  towns  and  townships  to  estab- 
lish and  maintain  free  public  libraries  and  reading  rooms.  [Approved 

and  in  force  March  7,  1872';  L.,  1871-2,  p.  609. 

638.  Establishment  by  city — tax  — fund.]  § 1.  That,  the  city 

council  of  each  incorporated  city,  whether  organized  under  general  law 
or  special  charter,  shall  have  power  to  establish  and  maintain  a public 
library  and  readitig  room,  for  the  use  and  benefit  of  the  irdiabitanls  of 
such  city,  and  may  levy  a tax  of  not  to  exceed  two  mills  on  the  dollar, 
annually,  on  all  the  taxable  pro])erty  in  the  city:  Provided,  that  in 

cities  of  over  one  hundretl  thousand  inhabitants,  after  the  year  1895, 
such  tax  shall  not  exceed  one-half  of  a mill  on  the  dollar  annually; 
such  tax  to  be  levied  and  collected  in  like  manner  with  the  general 
taxes  of  said  city,  and  to  be  known  as  the  library  fund:  Pjovided,  that 
the  said  annual  library  tax  in  cities  of  over  ten  thousand  inhabitants, 
shall  not  be  included  in  the  aggregate  amount  of  taxes  as  limited  by 
section  one  (1)  of  article  eight  (8)  of  “An  act  for  the  incorporation  of 
cities  and  villages,”  approved  April  10,  1872,  and  the  amendatory  acts 
thereto,  or  by  any  provision  of  any  special  charter  under  which  any 
city  in  this  state  is  now  organized.  [As  amended  by  act  approved  May 
25,  1889.  L.,  1889,  198,  and  by  act  approved  and  in  force  March  26, 

1891.  L.,  1891,  p.  160. 

639.  Appointment  of  directors.]  § 2.  When  any  city  council  shall 
have  decided  to  establish  and  maintain  a public  library  and  reading 
room,  under  this  act,  the  mayor  of  such  city  shall,  with  the  approval  of 
the  city  council,  proceed  to  appoint  a board  of  nine  directors  for  the 
same,  chosen  from  the  citizens  at  large  with  reference  to  their  fitness 
for  such  office;  and  not  more  than  one  member  of  the  city  council 
shall  be  at  any  one  time  a member  of  said  board. 

640.  Term  of  office — removal.]  § 3.  Said  directors  shall  hold 
office  one-third  for  one  year,  one  third  for  two  years  and  one  third 
for  three  years,  from  the  first  of  July  followdng  their  appointment, 
and  at  their  first  regular  meeting  shall  cast  lots  for  the  respective 
terms ; and  annually,  thereafter,  the  mayor  shall,  before  the  first  of  July 
of  each  year,  appoint,  as  before,  three  directors,  to  take  tlie  place  of 
retiring  (3irectors,  wdio  shall  hold  office  for  three  years  and  until  their 
successors  are  appointed.  The  mayor  may,  by  and  with  the  consent 
of  the  city  council,  remove  any  director  for  misconduct  or  neglect  of 
duty. 

641.  Vacancies  — compensation.]  §4.  Yacancies  in  the  board 
of  directors,  occasioned  by  removals,  resignation,  or  otherwise,  shall  be 
reported  to  the  city  council,  and  be  filled  in  like  manner  as  original 
appointments,  and  no  director  shall  receive  compensation  as  such. 

642.  Organization  — powers  of  directors  — funds.]  § 5.  Said 
directors  shall,  immediately  after  appointment,  meet  and  organize  by 
the  election  of  one  of  their  number  president,  and  by  the  election  of 
such  other  officers  as  they  may  deem  necessary.  They  shall  make  and 
adopt  such  by-laws,  rules  and  regulations  for  their  own  guidance  and 


Libraries,  Public. 


281 


for  the  government  of  the  library  and  reading  room  as  may  be  expe- 
dient, not  inconsistent  witli  this  act.  They  sliall  have  the  exclusive 
control  of  the  expenditure  of  all  moneys  collected  to  the  credit  of  the 
library  fund,  and  of  the  construction  of  any  library  building,  and  of 
the  supervision,  care  and  custody  of  the  grounds,  rooms  or  buildings 
constructed,  leased,  or  set  apart  for  that  purpose:  Provided,  that  all 
moneys  received  for  such  library  shall  be  deposited  in  the  treasury  of 
said  city,  to  the  credit  of  the  library  fund,  and  shall  be  kept  separate 
and  apart  from  other  moneys  of  such  city,  and  drawn  upon  by  the 
proper  officers  of  said  city,  upon  the  properly  authenticated  vouchers 
of  the  library  board.  Said  board  shall  have  power  to  purchase  or  lease 
grounds  to  occupy,  lease  or  erect  an  appropriate  building  or  buildings 
for  the  use  of  said  library  ; shall  have  power  to  appoint  a suitable 
librarian  and  necessary  assistants,  and  lix  tlieir  compensation,  and  shall 
also  have  power  to  remove  such  appointees  ; and  shall,  in  general,  carry 
out  the  spirit  and  intent  of  this  act,  in  establishing  and  maintaining  a 
public  library  and  reading  room. 

643.  Who  may  use  library.]  §6.  Every  library  and  reading  room, 
established  under  this  act,  shall  be  for  ever  free  to  the  use  of  the  inhab- 
itants of  the  city  where  located ; always  subject  to  such  reasonable  rules 
and  regulations  as  the  libraiy  board  may  adopt,  in  order  to  render  the 
use  of  said  library  and  reading  room  of  the  greatest  benetit  to  the 
greatest  number;  and,  said  board  may  exclude  from  the  use  of  said 
library  and  reading  room  any  and  all  persons  who  shall  wilfully  violate 
such  rules.  And,  said  board  may  extend  tlie  privileges  and  use  of  such 
library  and  reading  room  to  persons  residing  out  side  of  such  city  in 
this  state,  upon  such  terms  and  conditions  as  said  board  may,  from  time 
to  time,  by  its  regulations  prescrilie.  [As  amended  by  act  approved 
March  27,  187L  In  force  July  1,  1874.  L.  1873-4,  p.  121. 

644.  Report  of  directors.]  § 7.  The  said  board  of  directors  shall 
make,  on  or  before  the  second  Monday  in  June,  an  annuffi  report  to 
the  city  council,  stating  the  condition  of  their  trust  on  the  first  day  of 
June  of  that  year,  the  various  sums  of  money  received  from  the  library 
fund  and  from  other  sources  and  how  such  moneys  have  been  expended 
and  for  what  purposes ; the  number  of  books  and  periodicals  on  hand ; 
the  number  added  by  purchase,  gift,  or  otherwise,  during  the  year;  the 
number  lost  or  missing;  the  number  of  visitors  attending;  the 
number  of  books  loaned  out,  and  the  general  character  and  kind  of  such 
books;  with  such  other  statistics,  information  and  suggestions  as  they 
may  deem  of  general  interest.  All  such  portions  of  said  report  as  relate 
to  the  receipt  and  expenditure  of  money,  as  well  [as]  the  number  of 
books  on  hand,  books  lost  or  missing,  and  books  purchased,  shall  be 
verified  by  affidavit. 

645.  Penalties.]  § 8.  The  city  council  of  said  city  shall  have  power 
to  pass  ordinances  imposing  suitable  penalties  for  the  punishment  of 
persons  committing  injury  upon  such  library  or  the  grounds  or  other 
property  thereof,  and  for  injury  to  or  failure  to  return  any  book  belong- 
ing to  such  library. 


Libraries,  Public. 


646.  Donations.]  § 9.  Any  person  desiring  to  make  donations  of 
money,  ])ersonal  ]>roperty  or  real  estate  for  the  benefit  of  siicli  library, 
sliall  have  tlie  right  to  vest  the  title  to  the  money  or  real  estate,  so  do- 
nated, in  the  board  of  directors  created  under  this  act,  to  be  held  and 
controlled  by  such  board,  when  accej)ted,  according  to  the  terms  of  the 
deed,  gift,  devise  or  be(piest  of  such  property  ; and  as  to  such  property 
the  said  board  shall  be  held  and  considered  to  be  special  trustees. 

647.  Powers  of  villages,  towns  and  townships.]  § 10.  When 

fifty  legal  voters  of  any  incorporated  town,  village  or  township  shall 
present  a petition  to  the  clerk  of  the  town,  village  or  township  (or  trus- 
tee of  schools  in  counties  not  under  township  organization),  asking  that 
an  annual  tax  may  be  levied  for  the  establishment  and  maintenance  of 
a free  public  library  in  such  town  or  township,  and  shall  specify,  in 
their  petition,  a rate  of  taxation  not  to  exceed  two  mills  on  the  dollar, 
such  clerk  (or  trustee  of  schools  in  counties  not  under  township  organi- 
zation) shall,  in  the  next  legal  notice  of  the  regular  annual  election  in 
such  town  or  township,  give  notice  that  at  such  election  every  elector 
may  vote  For  a mill  tax  for  a free  public  library  ”,  or  “ Against 

a mill  tax  for  a free  public  library  ”,  specifying  in  such  notice 

the  rate  of  taxation  mentioned  in  said  petition  ; and,  if  the  majority  of 
all  the  votes  cast  in  such  town,  village  or  township  shall  be  “ For  the 
tax  for  the  free  public  library  ”,  the  tax  specified  in  such  notice  shall 
be  levied  and  collected  in  like  manner  with  other  general  taxes  of  said 
town  or  township,  and  shall  be  known  as  the  “ library  fund  ” : Provided, 
that  such  tax  shall  cease  in  case  the  legal  voters  of  any  such  town,  vil- 
lage or  townshi])  shall  so  determine  by  a majority  vote,  at  any  annual 
election  licld  therein ; and  the  corporate  authorities  of  such  towns  or 
villages  may  exercise  the  same  powers  conferred  upon  the  corporate  au- 
thorities of  cities  under  this  act. 

648.  Directors  in  villages  etc.]  §11.  At  the  next  regular  elec- 
tion after  anv  town,  village  or  township  shall  have  voted  to  establish  a 
free  public  library,  there  shall  be  elected  a libraiy  board  of  six  direc- 
tors, one-third  for  one  year,  one-third  for  two  years,  one-third  for  three 
years,  and  annually  thereafter  there  shall  be  elected  two  directors,  who 
shall  hold  their  office  for  three  years  and  until  their  successors  are 
elected  and  qualified ; which  board  shall  have  the  same  powers  as  are, 
by  this  act,  conferred  upon  the  board  of  directors  of  free  public  libra- 
ries in  cities. 

649.  Emergency.]  § 12.  Whereas,  all  the  libraries  of  Chicago 
were  destroyed  by  the  recent  fire  in  that  city,  and  large  donations  of 
books  have  been  made  to  found  a free  library,  and  whereas  no  suitable 
building  or  organization  exists  to  receive  or  preserve  them  ; therefore, 
an  emergency  exists  that  this  law  shall  take  effect  immediately  ; there- 
fore,,this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

649a.  Building,  procedure  to  construct  — tax  levy.]  § 13. 
Whenever  any  board  of  directors  of  any  public  library,  organized  under 
the  provisions  of  the  act  to  which  this  is  an  amendment,  shall  deter- 


Libraries,  Public. 


283 

mine  to  erect  a building  to  be  used  for  tlicir  library,  or  to  accumulate  a 
fund  for  the  erection  of  such  building,  they  may  do  so  as  follows:  The 
directors  shall  cause  a plan  for  such  building  to  be  prepared,  and  an 
estimate  to  be  made  of  its  cost;  they  may, ti>en  determine  the  time  or 
years  over  which  they  will  spread  the  collection  of  the  cost  of  said 
iBiilding,  not  exceeding  twenty  (20)  3^ears,  and  shall  make  a record  of 
their  said  proceedings  and  transmit  a co])y  thereof  to  the  city  council 
for  its  approval.  If  the  council  shall  approve  the  action  of  the  board 
the  board  shall  divide  the  total  cost  of  said  building  into  as  many  parts 
as  they  shall  determine  to  spread  the  cost  of  the  collection  thei-eof,  and 
shall  certify  the  amount  of  one  of  said  parts  to  the  city  council,  each 
and  every  year  during  the  time  or  term  over  which  they  shall  have  de- 
termined to  spread  the  collection  of  the  cost  of  said  building.  The  city 
council,  on  receiving  the  said  last  mentioned  certificate,  shall,  in  its  next 
annual  appropriation  bill,  include  the  amount  so  certified  and  shall 
levy  and  collect  a tax  to  pay  the  same  with  the  other  general  taxes  of 
the  city : Provided,  the  said  levy  shall  not  exceed  five  (5)  mills  on  the 
dollar  in  any  one  year  and  shall  not  be  levied  oftener  than  for  the  num- 
ber of  years  into  which  the  library  board  shall  have  divided  the  costs  of 
said  building.  And,  provided,  further,  no  city  shall  construct  more  than 
one  building  under  the  provisions  of  this  act,  and  when  said  sum  herein 
rnetioned  shall  have  been  collected  the  said  tax  shall  cease.  [Act  ap- 
proved June  19,  1891.  L.,  1891,  p.  15L 

649b.  Building  commenced  when.]  § 14.  The  library  board 
shall  determine  when  they  will  proceed  with  the  construction  of  the 
building;  they  may  proceed  at  once  or  may  determine  to  wait  and  allow 
the  fund  to  accumulate,  but  shall  not  delay  construction  of  said  building 
longer  than  for  the  collection  of  said  fund.  If  they  sliall  determine  to 
wait  they  shall  certify  their  action  to'  the  city  council,  and  said  city 
council  shall  invest  said  money  in  good  interest  paying  securities,  there 
to  remain  until  the  same  is  needed  for  the  construction  of*tbe  building 
under  the  provisions  of  this  act.  [Act approved  June  19, 1891,  L.,  1891 ; 
p.  155. 

649c.  Plans  and  estimates  — contract— contractor’s  bond.] 

§ 15.  When  the  directors  shall  determine  to  commence  the  construction 
of  the  building  thev  may  then  revise  the  plan  thereof  or  adopt  a new 
plan  and  provide  estimates  of  the  costs  thereof,  and  shall  advertise  for 
bids  for  the  construction  of  said  building  and  shall  let  the  contract  to 
the  lowest  and  best  responsible  bidder,  and  may  require  from  such  bid- 
der securities  for  the  performance  of  his  bid  as  the  board  shalbdetermine; 
Provided,  the  said  directors  may  let  the  contract  for  one  part  of  said 
building  to  one  bidder,  and  for  another  part  to  another  bidder  as  they 
shall  determine:  And,  provided,  further,  the  board  of  directors  shall 
not  in  any  new  plan  increase  the  per  cent,  of  the  tax  levy  hereunder, 
without  the  approval  of  the  city  council.  [Act  approved  June  19, 1891 ; 
L..  1891,  p.  155. 


28} 


Libkakiks,  Pubi.ic. 


6Agd.  Rental  — mortgage  — application  of  statute.]  § 16.  If 

the  board  of  directors  shall  think  best  they  may  coristruet  the  building 
so  that  a portion  thereof  may  be  rented,  and  may,  at  any  time  during 
the  construction  thereof,  borrow  money  and  execute  a mortgage  on  the 
lot  and  building,  not  exceeding  one-half  the  value  thereof,  and  the 
money  so  obtained  shall  be  used  exclusively  in  the  completion  of  said 
building.  The  levy  of  a tax  hereunder  shall  not  constitute  a part  of 
the  general  tax  of  the  city,  nor  shall  it  affect  any  appropriation  made  or 
to  be  made  for  the  sipmort  of  the  library.  This  act  shall  not  apply  to 
any  city  in  this  state  having  over  one  hundred  thousand  inhabitmits. 
[Act  approved  June  19,  1891 ; L.,  1891,  p.  155. 

An  act  to  encourage  and  promote  the  establishment  of  free  public  libra- 
ries in  cities,  villages  and  towns  in  this  state.  [Approved  June  17, 
1891  ; L.,  1891,  p.  157. 

649C.  Donation  for  — incorporation  founded  thereon.]  § 1.  Be 

ii  enacted  hy  the  'people  of  the  state  of  Illinois^  represented  in  the  yeyieral 
assembly : That  whenever  ])roperty,  real  or  personal,  has,  heretofore, 
been  or  shall,  hereafter,  be  devised  or  bequeatlied  by  last  will  and  testa- 
ment, or  granted,  conveyed  or  donated  by  deed  or  other  instrument,  to 
trustees,  to  be  applied  by  them  to  the  foundation  and  establishment  in 
any  of  the  cities,  villages  and  towns  of  this  state  of  a free  public  library, 
it  shall  be  lawful,  when  not  otherwise  provided  in  said  will  or  other  in- 
strument of  gift,  for  the  acting  trustees  in  any  such  case,  in  order  to 
promote  the  better  establishment,  maintenance  and  management  of  such 
library,  to  cause  to  be  formed  a corporation  under  the  provisions  of 
this  act,  with  the  rights,  powers  and  privileges  liereinafter  provided  for. 

649f.  Statement  for  incorporation  — filing.]*  § 2.  Such  acting 
trustees  may  make,  sign  and  acknowledge,  before  any  officer  authorized 
to  take  acknowledgments  of  deeds  in  this  state,  and  file  in  the  office  of 
the  secretary  of  state,  a statement  in  writing,  in  which  shall  be  set  forth 
the  intent  of  such  trustees  to  form  a coi’poration  under  this  act;  a copy 
of  the  will  or  other  instrument  by  which  endowment  of  said  library  has 
been  ])rovided;  the  name  adopted  for  the  proposed  corporation  (which 
shall  not  be  the  name  of  any  other  corporation  ali'eady  existing);  the 
city,  village  or  town  in  which  the  library  and  the  principal  place  of 
business  of  the  corporation  will  be  located:  the  number  of  managers 
who  may  be  denominated  trustees,  managers  or  directors  of  the  corpor- 
ation; and  the  names  of  tlie  trustees,  managers  or  directors  who  are  to 
constitute  the  original  board  of  such  officers,  and  who  shall  hold  until 
their  successors  respectively  are  elected  and  qualified,  as  in  this  act  pro- 
vided. 

64pg.  Certificate  of  incorporation  — recording.]  § 3.  Upon  the 
filing  in  his  office  of  such  a statement  as  aforesaid,  the  secretary  of  state 
shall  issue  to  the  incorporators,  under  his  hand  and  seal  of  state,  a cer- 
tificate, of  which  the  aforesaid  statement  shall  be  a ])art,  declaring  that 
the  organization  of  the  corporation  is  perfected.  The  incorporators 
shall  thereupon  cause  such  certificate  to  be  recorded,  in  a proper  record 
book  for  the  purpose,  in  the  office  of  the  recorder  of  deeds  of  the  county 


Libraries,  Public. 


285 


in  which  the  said  library  is  to  be  located;  and  thereupon  the  corpora- 
tion shall  be  deemed  fully  organized  and  may  proceed  to  carry  out  its 
corporate  purposes,  and  may  receive  by  conveyance,  from  the  trustees 
under  said  will,  deed  or  other  instrument  of  donation,  the  property  pro- 
vided by  will  or  otherwise  as  aforesaid  for  the  endowment  of  said 
library,  and  may  hold  the  same  in  whatever  form  it  may  have  been  re- 
ceived or  conveyed  by  said  trustees  until  such  form  shall  be  changed 
by  tlie  action  of  the  said  corporation. 

649h.  Corporate  powers  — trustees’ duties  — exemption  from 
taxation.]  § 4.  Organizations  formed  under  this  act  shall  be  bodies 
corporate  and  politic,  to  be  known  under  the  names  stated  in  the  re- 
spective certificates  or  articles  of  incorporation;  and,  by  such  corporate 
names  they  shall  have  and  possess  the  ordinary  rights  and  incidents  of 
corporations,  and  shall  be  capable  of  taking,  holding  and  disposing  of 
real  and  personal  estate  for  all  purposes  of  their  organization.  The  pro- 
visions of  any  will,  deed  or  other  instrument  by  which  endowment  is 
given  to  said  library  and  accepted  by  said  trustees,  managers  or  direc- 
tors shall,  as  to  such  endowment  be  a part  of  the  organic  and  fundamen- 
tal law  of  such  corporation.  The  trustees,  managers  or  dii’ectors  of  any 
such  corporation  shall  compose  its  members,  and  shall  not  be  less  than 
seven  nor  more  than  fifteen  in  number;  shall  elect  the  officers  of  the 
corporation  from  their  number,  and  shall  have  control  and  management 
of  its  affairs  and  property;  may  accept  donations  and,  in  their  discretion, 
hold  the  same  in  the  form  in  which  they  are  given,  for  all  purposes  of 
science,  literature  and  art  germane  to  the  object  and  purpose  of  said 
corpoi’ation.  They  may  fill  by  election,  subject  to  the  approval  of  the 
chief  justice,  for  the  time  being,  of  the  supreme  court  of  Illinois,  vacan- 
cies occurring  in  their  own  number  by  death,  incapacity,  retirement  or 
otherwise,  and  may  make  lawful  by-laws  for  the  management  of  the 
corporation  and  of  the  library,  which  by-laws  shall  set  forth  what  offi- 
cers there  shall  be  of  the  corporation,  and  shall  define  and  prescribe 
their  respective  duties.  They  may  appoint  and  employ,  from  time  to 
time,  such  agents  and  employes  as  thev  may  deem  necessary  for  the 
efficient  administration  and  conduct  of  the  library  and  other  affairs  of 
the  corporation.  Whenever  any  ti’ustee,  manager  or  director  shall  be 
elected  to  fill  any  vacancy,  a certificate  under  the  seal  of  the  corpora- 
tion, givitig  the  name  of  the  person  elected,  shall  be  recorded  in  the  of- 
fice of  the  recorder  of  deeds  where  the  articles  of  incoi-poration  are 
recorded.  Whenever,  by  the  provisions  of  such  will,  deed  or  other  in- 
strument by  which  endowment  is  created,  the  institution  endowed  is 
1 declared  to  be  and  is  free  and  public,  the  library  and  other  property  of 
such  corporation  shall  be  for  ever  exempt  from  taxation.  The  trustees, 
managers  or  directors  of  such  corporation  shall,  in  the  month  of  Janu- 
ary in  each  year,  cause  to  be  made  a report  to  the  governor  of  the  state 
for  the  year  ending  on  the  thirty-first  day  of  December,  preceding,  of 
the  condition  of  the  library  and  of  the  funds  and  other  property  of  the 
corporation,  showing  the  assets  and  investments  of  such  corporation  in 
detail. 


Liql'or  Law. 

19.  LIQUOR  LAW. 


Section.  Section. 

().■)(>.  Licenses,  how  granted.  G52.  liicense  to  sell  malt  liquor — penalty 

051,  Licenses  by  county  boards,  prohibi-  for  selling  other  liquors. 

ted  in  cities  etc.  053.  Saloon  bond  — how  taken — suit  on 

An  act  to  restrict  tlic  powers  of  counties,  cities,  towns  and  villages,  in 
licensing  dram  shops,  to  provide  for  granting  a license  to  retail  malt 
liquors  separately,  and  for  punishing  ])ersons  holding  such  separate 
license  for  unlawful  sale  and  gifts.  [Approved  June  15,  1883.  In 
force  July  1,  1883.  L.,  1883,  p.  92. 

650.  Licenses,  how  granted.]  § 1.  it  enacted  hy  the  people 
of  the  state  of  Illinois^  represented  in  the  general  assemhly,  That,  here- 
after it  shall  not  be  lawful  for  the  corporate  authorities  of  any  city, 
town  or  village  in  this  state,  to  grant  a license  for  the  keeping  of  a 
dram  shop,  except  upon  the  payment,  in  advance,  in  to  the  treasury  of 
the  city,  town  or  village  granting  the  license,  such  sum  as  may  be  de- 
termined by  the  respective  authorities  of  such  city,  town  or  village, 
not  less  than  at  the  rate  of  live  hundred  dollars  per  annum : Provided, 
that  in  all  cases  when  a license  for  the  sale  of  malt  liquors  only  is 
granted,  the  city,  town  or  village  granting  such  license,  may  grant  the 
same  on  the  payment,  in  advance,  of  the  sum  of  not  less  than  at  the 
rate  of  one  hundred  and  li tty  dollars  per  annum:  And,  provided  fur- 
ther, that  the  city  councils  in  cities,  the  board  of  trustees  in  towns,  and 
president  and  board  of  trustees  in  villages,  may  grant  permits  to 
pharmacists  for  the  sale  of  liquors  for  medicinal,  mechanical,  sacra- 
mental and  chemical  purposes,  only,  under  such  restrictions  and  regula- 
tions as  may  be  provided  by  ordinance. 

1.  See  g 355,  as  to  licensing  dram  shops  in  annexed  territory. 

2.  The  proviso  as  to  licenses  is  to  be  read  in  connection  with  § 65,  ch.  40,  confer- 
ring power  on  cities  etc.  to  license;  Dennehy  v.  Chicago,  120  111.,  031. 

3.  Under  a general  permit  a druggist  may  sell  in  quantities  exceeding  one  gallon; 
Dennehy  v.  Chicago,  120  111.,  031. 

4 A prescription,  for  intoxicating  liquor,  by  a physician,  will  not  authorize  the 
sale  of  such  liquor  by  one  not  having  a license  or  permit  to  sell,  where  there  is  no 
proof  that  the  persons  obtaining  the  same  were  sick  or  needed  medicine  of  any 
kind;  Noecker  v.  People,  91  111.,  408. 

5.  Under  this  statute  a valid  license  to  keep  a dram  shop  can  not  be  issued  unless 
the  amount  payable  therefor  be  paid  in  advance  for  the  entire  period  covered  by  the 
license;  Handy  People  , 29  111.  App.,  105. 

0.  By  a general  ordinance  municipal  authorities  may  determine  when,  to  whom 
and  under  what  circumstances  licenses  may  be  granted.  If  such  ordinance  be  not 
unreasonable,  the  power  of  the  executive  officers  to  issue  licenses  will,  thereafter, be 
controlled  and  measured  by  its  terms.  If  no  discretion  be  reserved  in  relation  to  the 
number  or  location  of  the  dram  shops  to  be  licensed  none  can  be  exercised  and  the 
duty  becomes  mandatory,  on  the  executive  officers,  to  issue  licenses  to  all  aj)plicants 
who  comply  with  the  prescribed  terms;  People  v.  Cregier,  133  111.,  419. 

7.  A village  ordinance  which  authorizes  the  granting  of  licenses  to  keep  a stated 
number  of  dram  shops  outside  of  prohibited  districts,  as  the  trustees  ma}"  think  the 
public  good  requires,  and  which  creates  certain  districts  within  which  no  licenses  shall 
be  granted  is  not  unreasonable  nor  is  it  objectionable  as  creating  monopolies;  People 
V.  Cregier,  138  111.,  415. 


Liquor  Law. 


287 

8.  The  reservation  of  a discretion,  in  an  ordinance,  as  to  the  number  of  licenses  to 
be  granted  is  a reasonable  exercise  of  the  power  vested  in  the  municipal  authorities 
and  is  valid;  People  v.  Cregier,  138  111.,  420. 

9.  A license  to  sell  liquors  issued  under  an  ordinance  supposed  to  be  but,  in  fact, 
not  legally  passed  to  one  who  has  fully  complied  with  the  requirements  of  the  ordi- 
nance is  a complete  defense  on  a criminal  prosecution  for  selling  liquors;  Hanks  y. 
People,  39  111.  App.,  224. 

651.  Licenses  by  county  boards,  prohibited  in  cities  etc.]  § 2. 

The  county  boards  of  each  county  may  grant  licenses  to  keep  so  many 
dram  shops  in  their  county  as  they  may  think  the  public  good  requires 
. . . . Provided,  further,  such  board  shall  not  have  power  to  issue 

any  license  fo  keep  a dram  shop  in  any  incorporated  city,  town  or  vil- 
lage, or  within  two  miles  of  the  same,  in  which  the  corporate  authori- 
ties have  authority  to  license,  regulate,  restrain  or  prohibit  the  sale  of 
liquors,  or  in  any  place  where  the  sale  of  liquors  is  prohibited  by  law. 

652.  License  to  sell  malt  liquors  — penalty  for  selling  other 
liquors.]  § 3.  Any  person  having  a license  to  sell  malt  liquors  only, 
who  shall,  by  himself  or  another,  either  is  [as]  principal,  clerk  or  ser- 
vant, directly  or  indirectly,  sell  or  give  any  intoxicating  liquors,  other 
than  malt  liquors  in  a less  quantity  than  one  gallon,  or  in  any  quantity 
to  be  drank  upon  the  premises,  or  in  or  upon  any  adjacent  room,  build- 
ing, yard  or  place  of  public  resort,  shall  for  each  ofense  be  fined  not 
less  than  twenty  dollars,  nor  more  than  one  hundred  dollars,  or  confined 
in  the  county  jail  not  less  than  ten  nor  more  than  thirty  days,  or  both, 
in  the  discretion  of  the  court.  The  penalties  provided  for  in  this  sec- 
tion may  be  enforced  by  indictment  or  information  in  any  court  of  com- 
petent jurisdiction,  or  the  fine  only  may  be  sued  for  and  recovered  be- 
fore any  justice  of  the  peace  of  the  proper  county,  and  in  case  of  con- 
viction, the  offender  shall  stand  committed  to  the  county  jail  until  the 
fine  and  costs  are  fully  paid.  A conviction  under  this  section  shall  for- 
feit the  license  held  by  the  defendant,  and  the  court  rendering  judg- 
ment upon  such  conviction  shall,  in  such  judgment,  declarc  a forfeiture 
of  such  license. 

1.  The  provisions  of  the  dram  shop  act  (R.  S.,  1874,  ch.  43)  do  not  take  away  the 
exclusive  power  vested  in  cities  and  towns,  by  prior  special  charters,  to  prohibit  the 
sale  of  intoxicating  liquors;  Gunnarsohn  v.  Sterling,  92  111.,  569. 

2.  Where  a city,  in  pursuance  of  its  chartered  power,  adopts  an  ordinance  prohi- 
biting the  sale  of  any  intoxicating  liquors  within  its  limits,  if  sale  of  such  liquors 
is  made  — fora  lawful  purpose  — the  burden  is  on  the  seller  to  prove  such  fact; 
Gunnarsohn  v.  Sterling.  92  III.,  569;  Harbaugh  v.  Monmouth,  74  111.,  367. 

An  act  to  provide  for  the  licensing  of,  and  against  the  evils  arising 

from,  tlie  sale  of  intoxicating  liquors.  [Approved,  March  30,  1 874. 

In  force  July  1,  1874.  E.  S.,  1874,  ch.  43. 

653.  Saloon  bond  — how  taken — suit  on.]  § 5.  No  person  shall 
be  licensed  to  keep  a dram  shop,  or  to  sell  intoxicating  liquors,  by  any 
county  board,  or  the  authorities  of  any  city,  town  or  village,  unless  he 
shall  first  give  bond  in  the  penal  sum  of  $3,000,  payable  to  the  people  of 
the  state  of  Illinois,  with  at  least  two  good  and  sufiicient  sureties,  free- 
holders of  the  county  in  which  the  license  is  to  be  granted,  to  be  ap- 
proved by  the  officer  who  may  be  authorized  to  issue  the  license,  con- 
ditioned that  he  will  pay  to  all  persons  all  damages  that  they  may  sus- 


Officers. 


2<S8 


tain,  either  in  person  or  property,  or  means  of  support,  by  reason  of 
the  person  so  obtaining  a license  selling  or  giving  away  intoxicating 
liquors.  The  officer  taking  such  bond  may  examine  any  person  offered 
as  security  upon  any  such  bond  under  oath,  and  require  him  to  subscribe 
and  swear  to  his  statement  in  regard  to  his  pecuniary  ability  to  become 
such  security.  Any  bond  taken  pursuant  to  this  section  may  be  sued 
upon  for  the  use  of  any  person,  or  his  legal  representatives,  who  may 
be  injured  by  reason  of  the  selling  or  giving  away  any  intoxicating 
liquor  by  the  person  so  licensed,  or  by  his  agent  or  servant. 

1.  See,  also,  notes  to  § 65,  clause  46.  , 


20.  OFFICERS. 


Section. 

654.  When  additional,  or  new,  bonds  may 

he  required. 

655.  Release  of  sureties. 

656.  Effect  of  new  bond. 

657.  When  effects  to  be  delivered  to  sure- 

ties. 

658.  Suit  on  bond  — executors  etc. 

659.  Execution  — lien. 

660.  Resignation  of  elective  officer 


Section. 

661.  When  office  becomes  vacant. 

662.  Who  may  determine  when  vacancy 

exists. 

663.  Aldermen  of  cities  — trustees  of  vil- 

lages. 

664.  Not  to  be  interested  in,  nor  to  act  aa 

attorney  to  procure  contracts  — 
* bribery. 

665.  Penalty. 


An  act  to  revise  the  law  in  relation  to  official  bonds.  [Approved  March 

13,  187d.  In  force  July  1,  1874.  R.  S.,  1874,  ch.  103. 

654.  When  additional,  or  new,  bonds  may  be  required.]  § 1. 
Be  it  enacted  by  the  people  of  the  state  of  Illinois^  represented  in  the 
yeneral  assembly^  That,  all  official  bonds  I’equired  by  law  to  be  given 
1)V  any  public  officer,  or  public  employe,  including  executors,  adminis- 
trators, guardians  and  conservators,  in  this  state,  shall  be  signed  and 
sealed  by  any  said  officer,  employe,  executor,  administrator,  guardian 
or  conservator  and  his  securities,  and  acknowledged  before  some  officer 
authorized  by  law  to  take  acknowledgments  of  instruments  under  seal, 
which  said  acknowledgments  shall  be  substantially  in  the  following 
form  : 

State  of  ) 

County  of , f 

I,  , hereby  certify  that  who  are  each  personally  known 

to  me  to  be  the  same  persons  whose  names  are  subscribed  to  the  foregoing  instrument, 
appeared  before  me  this  day  in  person  and  acknowledged  that  they  signed,  sealed 
and  delivered  said  instrument  as  their  free  and  voluntary  act  for  the  uses  and  pur- 
poses therein  set  forth. 

Given  under  my  hand  and . seal,  this  day  of , A.  D 

Which  acknowledgment  shall  be  deemed  and  taken  as  prima  facie 
evidence  that  the  instrument  was  signed,  sealed  and  acknowledged  in  the 
manner  therein  set  forth,  and  such  acknowledgments  shall  have  the 
same  force  and  effect  as  evidence  in  all  legal  proceedings,  as  that  given 
to  acknowledgments  of  deeds  of  conveyance  of  real  estate.  That,  all 
public  officers  or  employes  who  are  compelled  to  give  official  bonds 
may  be  required  by  the  court,  officer,  or  board  whose  duty  it  is  to  take 


Officers. 


289 


or  approve  such  bonds,  to  give  additional  surety  or  new  bonds  when- 
ever the  security  of  the  original  bond  lias  become  insufficient  by  the 
subsequent  insolvency,  death  or  removal  of  the  sureties  or  any  of  them, 
or  when  for  any  cause  any  such  bond  shall  be  deemed  insufficient. 
Any  officer  or  employe  failing  to  give  bond  when  required,  pursuant 
to  the  section,  within  ten  days  after  he  is  notified  in  writing  of  such 
request,  shall  be  deemed  to  have  vacated  his  office.  [As  amended  by  act 
approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  GO. 

655.  Release  of  sureties.]  § 10.  When  a surety  upon  the  official 
bond  of  any  state  officer  or  agent,  county,  town,  city,  village,  incorpo-  * 
rated  town  or  other  public  officer,  or  the  heir,  executor  or  administrator 
of  such  surety,  desires  to  be  released  from  such  bond,  he  may  give 
notice  in  writing  to  the  officer  upon  whose  bond  he  is  surety  that  he 
desires  to  be  so  released,  and  that  such  officer  give  a new  bond  with 
sufficient  sureties  within  ten  days  after  receiving  such  notice,  and  may 
within  five  days  after  the  service  of  such  notice  deliver  a copy  of  the 
same,  with  an  affidavit  showing  the  time  and  manner  of  service,  to  the 
court,  officer,  or  board  authorized  to  approve  the  bonds  of  such  officersj 
And  if  such  officer  shall  not  within  ten  days  alter  receiving  such 
notice,  or  wdthin  such  further  time,  not  exceeding  twenty  days,  as  the 
court,  officer  or  board  shall  allow,  give  a new  bond  with  sufficient 
security,  approved  as  required  by  law,  his  office  shall  become  vacant, 
and  the  vacancy  shall  be  filled  as  provided  by  law. 

656.  Effect  of  new  bond.]  § 11.  If  a new  bond  shall  be  given  by 
any  officer,  as  provided  in  the  foregoing  sections  of  this  act,  then  the 
former  sureties  shall  be  entirely  released  and  discharged  from  all  liabili- 
ties incurred  by  any  such  officer  in  consequence  of  business  which  may 
have  come  to  hand  from  and  after  the  time  of  the  approval  of  the  said 
new  bond,  and  the  sureties  to  the  new  bond  are  hereby  declared  to  be 
liable  for  all  the  official  delinquencies  of  said  officer,  whether  of  omis- 
sion or  commission,  which  may  occur  after  the  approval  of  the  new 
bond  as  aforesaid ; but,  the  provisions  of  this  act  shall  not  be  so  con- 
strued as  to  operate  as  a release  of  the  sureties  of  any  of  the  aforesaid 
officers,  for  liabilities  incurred  previous  to  the  filing  of  a new  bond,  as 
required  in  the  foregoing  sections  of  this  act. 

1.  Where  a circuit  court  clerk  was  required,  by  his  sureties,  to  give  a new  bond 
which  was  given  and  approved,  in  March,  1875,  and  it  appeared  that  moneys  came 
in  to  his  haud«  for  fees,  since  his  last  accounting  to  the  county  board,  on  December 
i,  1875,  and  before  the  approval  of  the  new  bond,  which  it  was  his  duty  to  account 
for  and  pay  in  to  the  county  treasurer  on  June  1,  1875,  it  was  held  that  the  sureties 
on  his  former  bond  were  liable;  Cullum  v.  Dolloff,  94  111.,  330. 

657.  When  effects  to  be  delivered  to  sureties.]  § 12.  It  shall 
be  the  duty  of  such  officer,  if  he  shall  fail  to  give  bond  as  provided  for 
in  this  act,  forthwith  to  deliver  over  to  his  sureties  all  books,  moneys, 
vouchers,  papers,  and  every  description  of  property  whatever  pertaining 
to  his  office,  and  the  said  sureties  may,  at  any  time  after  said  failure  to 
file  said  bond,  maintain  an  action  of  replevin,  or  other  appropriate 
action,  to  recover  such  property,  money  or  effects  from  their  said  prin- 
cipal. 


Officers. 


3i) 

658.  Suit  on  bond  — executors  etc.]  §13.  Whenever  the  condi- 
tion of  the  bond  of  any  ])ublic  officer  shall  be  violated,  suit  may  be 
instituted  on  such  bond,  and  prosecuted  to  final  judgment  against  such 
officer  and  any  or  all  of  the  sureties,  or  against  one  or  more  of  them, 
jointly  and  severally,  without  first  establishing  the  liability  of  the  prin- 
cipal by  obtaining  judgment  against  liim  alone.  The  provisions  of  this' 
section  shall  extend  to  the  official  bonds  of  executors,  administrators, 
guardians  and  conservators,  and  in  suits  thereon  it  shall  not  be  neces- 
sary to  a recovery  that  a devastavit  should  have  previously  been  estab- 
lished against  the  principal. 

1.  Contract  of  a surety  is  strictly  construed;  Vinyard  v.  Barnes,  124  111.,  349;  Burl. 
Ins.  Co.  Jolinson,  120  111.,  024;  Trustees  v.  Sheik,  119  111.,  581;  Dodgson  v.  Hen- 
derson, 113  111.,  365;  People  v.  Toomey,  25  App.,  46;  Reed  v.  Cramb,  22  App.,  34;  in 
his  favor;  Reed  'd.  Cramb,  22  App.,  34;  the  precise  terms  of  the  undertaking  limit 
the  responsibility;  People  v.  Toomey,  25  App.,  46;  beyond  these  terms  and  conditions 
by  him  assented  to  he  can  not  be  held;  Dodgson  v.  Henderson,  113  111.,  365;  Burl. 
Ins.  Co.  V.  Johnson,  120  111.,  624;  Vinyard  d.  Barnes,  124  111.,  349;  Reed  v.  Cramb,  22 
App.,  34. 

659.  Execution  — lien.]  § 14.  Execution  may  issue  on  any  judg- 
ment so  rendered,  as  in  ordinary  cases,  but  the  officer  executing  the 
same  shall  not  levy  upon  the  property  of  the  sureties  until  he  shall  fail 
to  find  sufficient  property  of  the  principal  to  satisfy  such  execution  : 
Provided,  however,  the  judgment  and  execution  shall  be  a lien  upon 
the  property  of  the  sureties,  as  in  ordinary  cases. 

An  act  ill  regard  to  elections,  and  to  provide  for  filling  vacancies  in 

elective  offices.  [Approved  April  3,  1872.  In  force  July  1,  1872. 

E.  S.,  1874,  ch.  46. 

660.  Resignation  of  elective  officers.]  § 124.  Eesignations  of  elec- 
tive officers  shall  be  made  to  the  officer,  court  or  county  board  author- 
ized by  law  to  fill  a vacancy  in  such  office  by  appointment,  or  to  order 
an  election  to  fill  sucli  vacancy. 

661.  When  office  becomes  vacant.]  § 125.  Every  elective  office 
shall  become  vacant  on  the  happening  of  either  of  the  following  events, 
before  the  expiration  of  the  term  of  such  office. 

First  — The  death  of  the  incumbent. 

Second  — His  resignation. 

Third  — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  state;  or,  if  the  of- 
fice is  local,  his  ceasing  to  be  an  inhabitant  of  the  district,  county, 
town  or  precinct  for  which  he  was  elected. 

Fifth  — His  conviction  of  an  infamous  crime,  or  of  any  offense  in- 
volving a violation  of  official  oath. 

Sixth  — His  removal  from  office. 

Seventh  — His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  his  oftlcial  bond,  or  to  deposit  or  file  such  oath  or  bond 
within  the  time  prescribed  by  law. 

Eighth  — The  decision  of  a competent  trilmnal  declaring  his  election 
void. 


Officers. 


291 


662.  Who  may  determine  when  vacancy  exists.]  §126.  When- 
ever it  is  alleged  that  a vacancy  in  any  office  exists,  the  officer,  court  or 
county  board,  whose  duty  it  is  to  fill  the  vacancy  by  appointment,  or 
to  order  an  election  to  fill  such  vacancy,  shall  have  power  to  determine 
whether  or  not  the  facts  occasioning  such  vacancy  exist. 

An  act  to  prevent  fraudulent  and  corrupt  practices  in  the  making  or 

accepting  of  official  appointments  and  contracts  by  public  officers. 

[Approved  April  9,  1872.  In  force  July  1,  1872.  E.  S.,  1874, 

ch.  102. 

663.  Aldermen  of  cities  — trustees  of  villages.]  § 2.  That  it 
shall  be  and  is  hereby  declared  unlawful  for  any  alderman  of  any  city, 
or  member  of  tlie  board  of  trustees  of  any  village  of  this  state,  during 
the  term  of  office  for  which  he  is  elected,  to  accept  or  be  appointed  to 
or  hold  any  office,  by  the  appointment  of  the  mayor  or  president  of  the 
board  of  trustees  thereof ; and  any  and  all  such  election  or  appoint- 
ment shall  be  absolutely  null  and  void. 

664.  Not  to  be  interested  in  — not  to  act  as  attorney  to  pro- 
cure— bribery.]  § 3.  It  shall  not  bo  lawful  for  any  person,  now  or 
hereafter  holding  any  office,  either  by  election  or  appointment,  under 
the  constitution  of  this  state,  to  become  in  any  manner  interested, 
either  directly  or  indirectly,  in  his  own  name  or  in  the  name  of  any 
other  person  or  corporation,  in  any  contract,  or  the  performance  of  any 
work  in  the  making  or  letting  of  which  such  officer  may  be  called  upon 
to  act  or  vote.  And,  it  shall  not  be  lawful  for  any  such  officer  to  rep- 
resent, either  as  agent  or  otherwise,  any  person,  company  or  corpora- 
tion, in  respect  of  any  application  or  bid  for  any  contract  or  work  in 
regard  to  which  such  officer  may  be  called  upon  to  vote.  Nor  shall 
any  such  officer  take  or  receive,  or  offer  to  take  or  receive,  either  di- 
rectly or  indirectly,  any  money  or  other  thing  of  value,  as  a gift  or 
bribe,  or  a means  of  influencing  his  vote  or  action  in  his  official  char- 
acter; and,  any  and  all  contracts  made  and  procured  in  violation 
hereof,  shall  be  null  and  void. 

1.  See,  also,  §§  28,  85-6  and  notes  thereto. 

665.  Penalty.  § 4.  Any  alderman,  member  of  a board  of  trustees, 
supervisor  or  county  commissioner,  or  person  now  or  hereafter  holding 
any  office,  either  by  election  or  appointment  under  the  constitution  of 
this  state,  or  any  law  now  or  hereafter  in  force  in  this  state,  who  shall 
violate  any  of  the  provisions  of  the  preceding  sections,  shall  be  deemed 
guilty  of  a misdemeanor  and,  on  conviction  thereof,  may  be  punished 
by  confinement  in  the  penitentiary  for  a term  not  less  than  one  year 
nor  more  than  five  years  or  fined  in  a sum  not  less  than  $200  nor  more 
than  $1,000,  or  both,  in  the  discretion  of  the  court  before  which  such 
conviction  shall  be  had;  and,  in  addition  thereto,  any  office  or  official 
position  held  by  any  ]>erson  or  persons  so  convicted  shall,  by  the  fact 
of  such  conviction,  become  vacant,  and  shall  be  so  declared  as  part  of 
the  judgment  of  court;  and  the  person  or  persons  so  convicted  shall 
be  disqualified  from  holding  any  office  or  position  of  trust  and  confi- 
dence in  this  state  for  the  period  of  two  years  from  and  after  the  date 
of  such  conviction. 


Oil  iNsrECTioN. 


:i92 


21.  OIL  INSPECTION. 

Section.  Section. 

666.  Appointment  of  inspectors  — term  of  670.  Record  kept  and  open  to  examination. 

office  — deputies.  671.  Penalty  for  misconduct  in  office. 

667.  Oath  — bond  — suit  on  bond.  672.  Penalty  against  manufacturers  and 

668.  Duty  of  inspector.  dealers  in  oils. 

669.  Test  — casks  marked  — inspector  not  673.  Fines^  how  recovered  and  disposed  of. 

to  trade  in  oil. 

An  act  to  revise  the  law  in  relation  to  oil  inspection.  [Approved 

March  12,  1874.  In  force  July  1,  1874.  R.  S.,  1874,  ch.  104. 

666.  Appointment  of  inspectors  — term  of  office  — deputies.] 

§ 1.  The  judge  of  the  county  court  of  any  county  for  townships  out- 
side of  incorporated  cities,  towns  and  villages,  the  mayor  of  any  city, 
with  the  approval  of  the  city  council  and  the  board  of  trustees  of  any 
village  or  town,  may,  and  on  the  petition  of  any  five  inhabitants  thereof 
shall,  appoint  one  or  more  inspectors  for  the  inspection  of  coal  oil, 
naphtha,  gasoline,  benzine,  and  other  mineral  oils  or  fluids,  the  product 
of  petroleum,  and  fix  their  compensation,  to  be  paid  by  the  party  re- 
quiring their  services.  Every  such  inspector  shall  hold  his  office  for 
one  year,  and  until  his  successor  is  appointed  and  qualified,  unless  sooner 
removed  from  office.  He  may  appoint  deputies,  for  whom  he  shall  be 
responsible,  and  who  shall  take  the  same  oath  and  be  liable  to  the  same 
penalties  as  the  inspector.  [As  amended  by  act  approved  June  17, 
1887.  In  force  July  1,  1887.  L.,  1887,  p.  242. 

667.  Oath  — bond  — suit  on.]  §2.  Every  such  inspector,  before 
entering  upon  the  duties  of  his  office,  shall  take  and  subscribe  the  fol- 
lowing oath ; 

Ido  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I will  support  the  constitu- 
tion of  the  United  States,  and  the  constitution  of  the  state  of  Illinois,  and  that  I will 
faithfully  discharge  the  duties  of  the  office  of  oil  inspector  according  to  the  best  of 
my  ability. 

He  shall,  also,  execute  a bond,  payable  to  the  people  of  the  state,  in 
such  sum  as  shall  be  I'equired  by  the  county  judge,  city  council  or 
board  of  trustees,  with  one  or  more  sureties,  to  be  approved  by  the 
county  judge,  mayor  or  president  of  the  board  of  trustees,  conditioned 
for  tile  faithful  discharge  of  the  duties  of  his  office.  Any  person  ag- 
grieved by  the  misconduct  or  neglect  of  such  inspector  may  maintain 
[suit]  thereon  for  his  own  use.  [As  amended  by  act  approved  June 
17,  1887.  In  force  July  1,  1887.  L.,  1887,  p.  242. 

668.  Duty  of  inspector.]  § 3.  Upon  the  application  of  any  manu- 
facturer, refiner  or  producer  of,  or  any  dealer  in,  any  such  oil  or  fluid, 
or  of  any  officer  or  person  to  test  any  such  oil  or  fluid,  such  inspector 
shall  test  the  same  with  all  reasonable  dispatch  by  applying  the  fire 
test,  as  indicated  and  determined  by  J.  Tagliabue’s  pyrometer,  or  some 
other  instrument  or  means  equally  accurate,  with  which  he  shall  have 
provided  himself  at  his  own  expense. 


Oil  Inspection. 


669.  Test — casks  marked  — inspector  not  to  trade  in  oil.] 

§ 4.  If  the  oils  or  fluids  so  tested  will  not  iii^nite  or  explode  at  a 
temperature  less  than  one  hundred  and  fifty  degrees  Fahrenheit,  the  in- 
spector shall  mark,  plainly  and  indelibly,  on  each  cask,  barrel  or  pack- 
age “ Approved,  fire  test  being  . . . . ” ; but  if  said  oils  or  fluids  will 
ignite  at  a temperature  less  than  one  hundred  and  fifty  degrees  Fahren- 
heit, as  aforesaid,  then  the  inspector  shall  mark  on  each  cask,  barrel  or 
package  “Condemned  for  illuminating  purposes;  fire  test  being  . . . 
Said  inspector,  while  in  ofiice,  shall  not  buy,  sell,  bargain  or  trade,  di- 
rectly or  indirectly,  in  any  of  the  said  oils  or  fluids. 

570.  Record  kept,  and  open  to  examination.]  § 5.  lie  shall 
also,  within  twenty-four  hours  after  making  any  inspection,  make  a full 
and  fair  entry  thereof  in  a record  book  to  be  kept  for  that  purpose, 
which  shall  be  open  to  all  persons  wishing  to  examine  the  same. 

671.  Penalty  for  misconduct  in  office.]  § 6.  Any  such  inspector 
or  deputy  who  shall  falsely  brand  any  package,  cask  or  barrel,  or  be 
guilty  of  any  fraud,  deceit,  misconduct  or  culpable  negligence  in  the 
performance  of  any  of  his  official  duties,  shall  be  fined  not  exceeding 
S200,  and  be  liable  to  the  party  injured  for  all  damages  occasioned 
thereby. 

672.  Penalty  for  neglect  to  give  notice  of,  or  selling  oil  not  in- 
spected — counterfeit  brands  etc.]  § 7.  Any  manufacturer,  refiner 
or  producer  of,  or  any  dealer  in  coal  oil,  naphtha,  gasoline,  benzine,  or 
other  mineral  oil  or  fluid,  the  product  of  petroleum,  in  any  city,  village 
or  town  in  which  such  inspector  is  appointed,  who  shall  neglect  to  give 
notice  to  such  inspector,  of  any  such  oil  or  fluid  in  his  possession  not 
already  inspected  by  some  authorized  inspector  of  this  state,  within  two 
days  after  the  same  is  made  or  refined  by  him  or  received  in  to  his  pos- 
session, or  shall  offer  any  such  oil  or  fluid  for  sale  before  the  same  has 
been  so  inspected,  or  shall  sell  or  attempt  to  sell  to  any  person,  for  il- 
luminating purposes,  any  such  oil  which  is  below  the  approved  stand- 
ard— that  is,  having  igniting  point  less  than  one  hundred  and  fifty 
degrees  Fahrenheit,  as  indicated  and  determined  in  the  manner  herein 
provided,  or  shall  use  any  package,  cask,  barrel  or  other  thimz;  having 
the  inspection  brand  thereon,  the  oil  or  fluid  therein  not  having  been 
inspected,  or  shall  counterfeit  any  brand,  shall  be  fined  not  exceeding 
$200  and  be  liable  to  the  party  injured  for  all  damages  occasioned 
thereby,  and  all  the  casks,  barrels  or  packages  so  falsely  used,  and  their 
contents,  shall  be  forfeited,  and  may  be  seized  and  sold. 

673.  Fines,  how  recovered  and  disposed  of.]  § 8.  The  fines 
herein  provided  may  be  recovered,  in  the  name  of  the  people  of  the 
state  of  Illinois,  before  any  justice  of  the  peace  of  the  county  where 
the  offense  is  committed,  and  when  collected,  one-half  shall  be  paid  to 
the  informer,  and  the  other  half  and  the  proceeds  of  the  sale  of  all 
casks,  barrels  and  packages  and  the  contents  thereof  seized,  as  herein 
provided,  shall  be  paid  in  to  the  city,  village  or  town  treasury. 


294 


Parks. 


22.  PARKS. 


Section. 

673a.  Organization  of  pleasure  driveway 
and  park  districts — procedure. 
G73b.  District  organization — election, 
673c.  Board  of  trustees — terms  of  office — 
organization — otlicers. 

673d.  Corporate  powers  — engineer  — at- 
torney— management  of  district. 
673e.  Becords  - inspection  of. 

673f.  Ordinances— publication  of — when 
in  force — proof  of. 

673g.  Laying  out,  improvement  and  main- 
tenance— control. 

673h.  Ac(piisition  of  land — taxation. 

673i.  Vacancy  in  office  of  trustee.  ' 
673j.  Annexation  of  adjoining  territory. 
673k.  President  duties  of. 

6731.  Annual  election. 

674.  Power  of  park  commissioners. 

675.  Power  as  to  parks  taken  under 

statute  of  1885. 

676.  Reversion. 

677.  Power  of  city  or  village. 


Section. 

678.  Emergency. 

678a.  Parks  existing;  bonds  to  improve. 

678b.  Bonds  and  interest — issue — registra- 
tion— violation  of  act. 

678c.  Interest,  payment  of — sinking  fund. 

678d  Sinking  fund — appropriation  to. 

678e.  Sinking  fund — purcba.se  of  bonds. 

678f.  Emergency. 

678g.  Parks  on  lake  — protection  of  shore 
line. 

678h.  Bonds — interest — issue. 

678i  Bonds,  sale  of — proceeds — use. 

678j.  Tax — rate  increased. 

678k.  Tax  levy  for  park  and  boulevard 
purposes. 

6781.  Purcbase  of  lands  — expenditure  of 
fund. 

678m.  Statute,  when  in  force. 

678n.  Emergency. 

678o.  Taxation  for  government  and 
management. 

678p.  Museum— building  for— election. 


An  act  to  provide,  for  the  creation  of  pleasure  driveways  and  park  dis- 
tricts. [Approved  June  19,  1893;  L.,  1893,  p.  153. 

673a.  Organization  of  pleasure  driveway  and  parks  — pro- 
cedure.] § 1.  That  whenever  an  area  of  contiguous  territory,  contain- 
ing within  its  boundaries  two  or  more  incorporated  cities,  towns  or  vil- 
lages and  lying  wholly  within  the  same  or  adjoining  townships,  for  the 
purpose  of  connecting  such  incorporated  cities,  towns  or  villages  with 
pleasure  drives,  boulevards  and  parks  and  for  the  purpose  of  building, 
maintaining  and  caring  for  such  pleasure  drives,  boulevards  and  parks, 
the  same  may  be  incorporated  as  a pleasure  driveway  and  park  district, 
under  this  act,  in  the  manner  following,  to  wit : Any  one  hundred  (100) 
of  legal  voters,  resident  within  the  limits  of  such  proposed  driveway  and 
park  district,  may  petition  the  county  judge  of  the  county  or  counties  in 
which  they  reside  to  cause  the  question  to  be  submitted,  to  the  legal 
voters  of  such  proposed  district,  whether  they  will  organize  as  a pleasure 
driveway  or  park  district  under  this  act.  Such  petition  shall  be  ad- 
dressed to  the  county  judge  of  the  county  in  which  such  territory  is  situat- 
ed and  shall  contain  a definite  and  clear  description  of  the  territory  in- 
tended to  be  embraced  in  such  district  and  the  name  of  such  proposed 
pleasure  driveway  and  park  district.  Uj)on  the  filing  of  such  petition 
in  the  office  of  the  county  clerk,  of  the  county  in  which  such  teiTitory 
is  situated,  it  shall  be  the  duty  of  the  county  judge  to  order  an  election 
to  be  held  in  said  proposed  district  and,  in  ordering  such  election,  the 
county  judge  shall  proceed  in  the  same  manner  as  is  pi’ovided  in  the  act 
governing  the  organization  of  cities  and  villages  in  unincoi’porated  ter- 
ritory: Provided,  that,  when  such  proposed  district  shall  lie  within  two 
diffei'ent  and  adjoining  counties  a copy  of  sucli  petition  shall  be  filed  in 


Parks. 


295 


the  office  of  the  clerk  of  the  county  court  of  each  of  said  counties  and 
said  petition  shall  particularly  describe  the  territory  lying  within  each 
of  said  counties  and  shall  state  the  date  upon  which  such  election  is  de- 
sired to  be  held  by  the  petitioners  and  the  county  judges  of  the  different 
counties,  to  whom  such  petition  is  presented,  shall  order  the  election  to 
be  held  upon  the  day  so  named  in  said  petition  and  the  votes  cast  with- 
in that  portion  of  the  territory  lying  in  each  of  said  counties  shall  be 
returned  to  the  county  judge  of  the  county  in  which  such  territory  lies 
and  the  same  proceedings  shall  be  had  as  is  required  of  the  county 
judge  in  the  organization  of  cities,  towns  and  villages  in  unincorporated 
territory  ; Provided,  further,  that  unless  a majority  of  votes  cast  in 
territory  lying  in  each  of  said  counties  shall  be  in  favor  of  the  incor- 
poration of  said  pleasure  driveway  district  the  same  shall  not  be  incor- 
porated and  the  county  judge  of  each  of  said  counties  shall  cause  a 
statement  of  the  result  of  such  election,  held  in  that  portion  of  the  terri- 
tory lying  within  his  county,  to  be  spread  upon  the  records  of  the 
county  court  and  shall,  also,  cause  to  be  transmitted  to  the  clerk  of  the 
county  court  of  the  other  county,  in  which  a part  of  said  proposed  dis- 
trict shall  lie,  a copy  of  such  record  which  copy,  when  so  received,  shall 
be  spread  upon  the  I'ecords  of  the  county  court  receiving  the  same  as 
the  retui’ii  of  the  vote  cast  in  said  county  ; and  if  the  majority  of  the 
votes  cast  in  each  part  of  said  district,  where  the  same  lies  within  two 
different  counties,  or  the  majority  of  the  votes  cast  in  said  proposed 
district,  where  the  same  lies  wholly  within  one  county,  shall  be  in  favor 
of  the  proposed  pleasure  driveway  and  park  district  sucii  proposed  dis- 
trict shall,  thenceforth,  be  deemed  an  organized  pleasure  driveway  and 
park  district,  under  this  act. 

673b.  District  organization — election.]  § 2.  All  courts  in  this 
state  shall  take  judicial,  notice  of  all  pleasure  driveway  and  park  dis- 
tricts organized  under  this  act.  Upon  the  organization  of  any  pleasure 
driveway  and  park  district,  under  this  act,  the  county  judge  shall  call 
an  election  to  elect  officers  and  cause  notice  thereof  to  be  posted  or  pub- 
lished and  perform  all  acts  in  reference  to  such  election  in  like  manner, 
as  nearly  as  may  be,  as  he  is  required  to  perform  in  reference  to  the 
election  of  officers  in  newly  organized  cities  or  villages,  under  the  pro- 
visions of  an  act  entitled  “ an  act  to  provide  for  the  incorporation  of 
cities  and  villages,”  approved  April  10,  1872,  and  the  amendments 
thereto;  Provided  that,  when  any  such  pleasure  driveway  and  park  dis- 
trict, so  organized,  shall  lie  partly  in  two  adjoining  counties  the  election 
shall  be  ordered  and  conducted  by  the  county  judge  of  each  of  the 
counties  in  which  such  district  shall  lie,  as  to  that  part  of  the  district  so 
lying  within  each  of  said  counties,  and  a copy  of  the  record  of  the  pro- 
ceeding of  each  of  said  county  courts  shall  be  transmitted  and  entered 
of  record  in  the  county  court  of  each  of  said  counties,  in  which  any  por- 
tion of  said  district  shall  lie,  and  the  voters  in  any  such  district  shall 
vote  at  such  election  at  the  voting  place  or  places  designated,  by  the 
county  court,  in  that  part  of  the  district  lying  within  the  county  in 
which  they  reside,  and  all  legal  voters  residing  within  an}^  such  pleasure 


Parks. 


2flf. 


driveway  and  park  district  shall  have  the  right  to  cast,  at  such  election, 
one  vote  for  each  of  as  many  persons  as  there  are  oflicers  to  be  elected. 

673c.  Board  of  trustees — terms  of  office — organization — offi- 
cers.] § 3.  In  each  pleasure  driveway  and  park  district,  organized 
under  this  act,  there  shall  be  elected  a president  and  six  (6)  trustees, 
who  shall  be  legal  voters  and  reside  within  said  district,  who  shall  hold 
their  office  for  the  term  of  two  years  from  the  date  of  said  election,  and 
until  their  successors  are  elected  and  qualified  : Provided  that,  at  the 
first  election  of  trustees,  held  in  any  district  organized  under  this  act, 
three  of  the  trustees  shall  be  elected  for  the  term  of  one  year  only,  when 
three  new  trustees  shall  be  elected  to  succeed  the  three  whose  term  of 
olfice  shall  then  expire,  and  the  three  so  elected  shall  hold  their  office 
for  two  years  and  until  their  successors  are  elected  and  qualified  ; and, 
at  the  first  election  held  for  trustees,  in  any  district  organized  under  this 
act,  the  voters  shall  designate,  on  their  ballot,  three  persons  as  trustees 
for  one  year  and  three  persons  as  trustees  for  two  years  and  tlie  presi- 
dent and  such  trustees,  when  so  elected,  shall  meet  at  some  convenient 
])lace  within  said  district  within  two  weeks  after  said  election  and  organ- 
ize by  electing  a secretary  and  treasurer.  The  term  of  office  of  both  the 
secretary  and  the  treasurer  shall  not  be  longer  than  one  year  and  they 
shall  each  give  such  bond  and  perfoi-m  such  duties  as  shall  be  required  of 
them  by  said  board  of  trustees  and  such  ])leasure  driveway  and  park 
district  shall,  from  the  time  of  the  fii’st  election  held  by  it  under  this  act, 
be  construed  in  law  and  in  equity  a body  corporate  and  politic,  by  the 

name  and  style  of  the  Pleasure  Driveway  and  Pai’k  District  of 

and  by  such  name  and  style  may  sue  and  be  sued,  eonli-act  and  be  con- 
tracted with,  acquire  and  hold  real  estate  and  personal  property  neces- 
sary for  all  corporate  purposes  and  adopt  a common  seal  and  alter  the 
same  at  })leasure. 

673d.  Corporate  powers — engineer— attorney — management 
of  district.]  § P The  president  and  trustees  elected,  in  pursmince  of  the 
foregoing  provisions  of  this  act,  shall  constitute  a beard  of  trustees  for 
the  district  by  which  they  are  elected,  which  president  and  l)oard  of 
trustees  is  hereby  declared  to  be  the  corporate  authoi’ity  of  such  pleasure 
driveway  and  park  district  and  shall  exercise  all  the  powers  and 
manage  and  control  all  the  officers  and  property  of  such  district  and 
may,  in  addition  to  the  officers  above  mentioned,  employ  a chief  engi- 
neer and  attorney  for  such  municipality  who  shall  liold  their  respective 
offices  during  the  ideasure  of  the  board  and  shall  give  sueli  bond  as 
may  be  required  by  said  board  and  said  board  may,  by  ordinance  or 
resolution,  prescribe  the  duties  and  fix  the  compensation  of  all  officers 
and  em]doyees  of  said  pleasure  driveway  and  park  district:  Provided, 

liowever,  that,  the  said  board  of  trustees  or  the  president  thereof  shall 
receive  no  compensation,  as  such,  and  said  president  and  board  of  trus- 
tees shall  have  full  power  to  pass  all  necessary  ordinances,  rules  and 
regulations  for  the  proper  management  and  conduct  of  the  business  of 
said  board  of  trustees  and  of  said  corporation  and  for  carrying  into 
effect  the  objects  for  which  such  pleasure  driveway  and  park  district  is 
formed. 


Pakks. 


297 


6730.  Record  of  proceedings — inspection.]  §5.  Said  president 
and  board  of  trustees  shall  cause  to  be  kept  a regular  book  of  records  of 
all  ordinances  or  other  proceodings  of  said  board,  which  book  of  records 
and  ordinances  shall  be  open  to  the  inspection  of  any  person  residing  in 
said  district  at  all  reasonable  and  proper  times. 

673f.  Ordinances,  publication  of— when  in  force — proof  of.] 
§6.  All  ordinances  making  any  appropriations  shall,  .within  ten  days 
after  their  passage,  be  published,  by  posting  a copy  thereof  in, at  least, 
live  of  the  most  public  places  in  said  district,  and  no  such  ordinance 
shall  take  effect  until  ten  days  after  it  is  so  published,  and  all  other 
ordinances,  orders  and  resolutions  shall  take  effect  from  and  after  their 
passage,  unless  otherwise  provided  herein.  All  ordinances,  orders  and 
resolutions  and  the  date  of  the  publication  thereof  may  be  ])roved  by 
the  certificate  of  the  secretary  of  said  board  under  the  seal  of  the  corpo- 
ration and,  when  printed  in  book  or  pamphlet  form  and  purporting  to 
be  published  by  the  board  of  trustees,  such  book  or  pamphlet  shall  be 
received  as  evidence  of  the  passage  and  legal  publication  of  such  ordi- 
nances, orders  and  resolutions  as  of  the  dates  mentioned  in  such  book 
or  pamphlet  in  all  courts  and  places  without  further  proof. 

673g.  Laying  out,  improvement  and  maintenance — control — 
driveways  and  parks  in  cities  etc.]  § 7.  The  board  of  trustees  of 
any  pleasure  driveway  and  park  district,  organized  under  this  act,  shall 
have  power  to  provide  for  acquiring,  laying  out,  building  and  maintain- 
ing pleasure  driveways,  boulevards  and  parks  in  said  district  and  control, 
manage  and  govern  the  same  and  the  use  thereof  in  the  same  manner 
and  to  the  same  extent  as  can  be  done  now  by  raunici[)al  authorities  of 
cities,  town  and  villages  under  the  act  entitled  “an  act  to  ])rovide  for 
j)leasure  driveways  in  incorporated  cities,  villages  and  towns,”  approved 
and  in  force  March  27,  1889:  Pi'ovided  that,  any  and  all  pleasure 
driveways,  boulevards  and  parks  lying,  wholly  or  in  part,  within  the 
corporate  limits  of  any  city,  town  or  village  situated  within  any  pleasure 
driveway  and  park  district  organized  under  this  act,  ina}^,  from  and 
after  the  organization  of  such  district,  be,  by  the  corporate  authorities 
of  such  city,  town  or  village,  turned  over  to  and  placed  under  the  control 
of  the  board  of  trustees  of  any  such  pleasure  driveway  and  park  district. 

673h.  Acquisition  of  land — ^ taxes,  levy  and  collection  of.] 
§ 8.  The  president  and  board  of  trustees  of  any  such  pleasure  driveway 
and  park  district  created  under  this  act,  shall  have  power  to  acquire,  by 
gift,  grant  or  purchase,  or  by  condemnation  under  the  act  of  eminent 
domain,  any  and  all  grounds  or  lands  necessary  for  building  and  main- 
taining any  such  pleasure  driveway,  boulevards  and  parks  as  they  may 
deem  proper  and  shall,  also,  have  the  power  to  raise  money,  either  by 
general  taxation  or  special  assessment  as  they  may  deem  best,  for  the 
purpose  of  aequiring  the  right  of  way,  building  and  maintaining  any 
such  driveways,  boulevards  and  parks  and  shall,  by  general  taxation, 
raise  sufficient  money  to  pay  all  necessary  expenses  incurred  by  said 
board  for  engineer  and  attorney  services  and  for  the  purpose  of  keeping 


l^AKKS. 


21)8 

in  re[)air  and  l)aying  policemen  or  other  persons  necessarily  employed 
to  guard,  protect  and  maintain  Jiny  such  pleasure  driveways,  boulevards 
and  parks  within  said  district.  All  general  tax  proposed,  by  said 
board  of  trustees,  to  be  levied  at  tlie  same  time  and  in  the  same  manner 
as  taxes  are  now  levied  for  city  and  village  purposes  under  the  laws 
of  this  state. 

673i.  Vacancy  in  office  of  trustee.]  § 9.  Whenever  any  person 
holding  the  olhce  of  president  or  trustee  of  any  district,  formed  under 
the  pi-ovisions  of  this  act,  shall  from  any  cause,  either  by  removal  from 
said  district  or  otherwise,  cease  to  be  a legal  voter  within  said  district, 
his  olhce  shall  be  declared  vacant  and  the  vacancy  filled  by  appoint- 
ment of  some  p'crson  qualified  to  hold  such  office  and  whenever  any 
})ersou,  so  elected  })resident  or  trustee,  as  the  case  may  be,  or  shall  ne- 
glect to  attend  the  duties  of  his  office  for  such  a time  as  shall  be  fixed 
by  ordinance  said  office  may  be  declared  vacant  and  the  vacancy  filled 
i)y  a])poiiitmetu,  as  above  provided,  and  any  person  a|)pointed  to  any 
such  office  shall  hold  his  office  until  the  next  regular  election  of  trus- 
tees, when  a qualified  person  shall  be  elected  to  fill  out  such  unexpired 
term  of  office. 

673j.  Annexation  of  adjoining  territory.]  § 10.  Any  territory 
adjoining  the  pleasure  driveway  and  park  district  organized  under  the 
])rovisions  of  this  act  may  become  a part  of  said  district  in  the  manner 
following:  a majority  of  the  legal  voters  residing  within  the  territory 
proposed  to  be  annexed  to  such  district  shall  petition  the  president  and 
board  of  trustees  of  such  district  to  be  annexed  thereto.  The  said 
president  and  board  of  trustees  of  such  distinct  ma}',  by  ordinance  duly 
passed,  annex  said  territory  to  such  district  and  the  same  shall  thence- 
forth become  and  be  a part  of  said  district,  the  same  as  though  originally 
included  in  said  district. 

673k.  President — duties  of.]  The  president  of  any  district  orga- 
nized under  this  act  shall  preside  at  all  meetings  of  the  board  of  trustees 
and  mav  call  special  meetings  of  the  board  on  request  of  two  or  more  of 
the  trustees,  and,  in  case  of  special  meeting,  shall  cause  a written  notice 
to  be  given  to  all  members  of  the  board  of  trustees.  In  case  of  a tie 
vote  upon  any  question  before  the  board  of  trustees  the  president  shall 
have  the  casting  vote,  but  shall  have  no  right  to  vote  except  in  case  of 
tie.  He  shall  sign  all  ordinances,  resolutions  and  other  papers  necessary 
to  be  signed,  and  shall  execute  all  contracts  entered  into  by  the  district, 
and  perform  such  other  duties  as  may  be  prescribed  by  ordinance  of 
the  board. 

673I.  Annual  election.]  § 12.  The  regular  annual  election  for 
president  and  trustees  of  any  district  organized  under  this  act  shall  be 

held  on  the day  of of  each  year,  and  the  ])resident  and 

board  of  trustees  shall  give  notice  of  such  election,  appoint  the  polling 
place  or  places’ and  the  judges  and  clerks  of  election  and  the  election 
shall  be  conducted  and  the  vote  canvassed  and  the  returns  made  to  the 
said  president  and  board  of  trustees  of  any  such  district  in  the  same 


Parks. 


299 


manner  as  is  required  of  the  president  and  board  of  trustees  of  incor- 
porated villages  in  this  state,  acting  under  the  general  law  for  the  in- 
corporation of  towns,  cities  and  villages. 

An  act  entitled  “ An  act  to  enable  park  commissioners  having  control 
of  parks  to  take,  regulate,  control  and  improve  parks  now  under  the 
control  of  incorporated  cities,  villages  or  towns”.  [Approved  and  in 
force  April  11,  18S5;  L.,1885,  p.  224. 

674.  Power  of  commissioners  — parks  now  under  control  of 
cities  etc.]  § 1.  Be  it  enacted  hy  the  2)eople  of  the  state  of  Illinois^ 
rej)resented  in  the  general  assembly,  That,  every  board  of  public  park 
commissioners  shall  have  the  power  to  take  under  its  control  and  to 
regulate,  control  and  govern,  in  the  same  manner  as  it  may  govern 
other  parks  or  boulevards  under  its  control,  any  public  park  now  under 
the  control  or  jurisdiction  of  any  incorporated  city,  town  or  village: 
Provided,  that  the  park  so  taken  shall  lie  within  the  district  or  territory 
the  property  of  which  shall  be  taxable  for  the  maintenance  of  the 
parks  or  boulevards  under  the  control  of  any  such  board  of  park  com- 
missioners: And,  provided,  further,  that  the  consent  of  the  authorities 
of  any  city,  town  or  village  having  control  of  the  park  so  to  be  taken, 
and  also  the  consent  in  writing  of  the  owners  of  a majority  of  the  front- 
age of  the  lots  and  lands  abutting  on  the  park  so  to  be  taken,  shall  be 
first  obtained. 

675.  Power  as  to  parks  taken  under  this  act.]  § 2.  Such  boards 
of  park  commissioners  shall  have  the  same  power  and  control  over  the 
parks  taken  under  this  act  as  are  or  may  be  by  law  vested  in  them,  of 
and  concerning  the  parks,  boulevards  or  driveways  now  under  their 
control, 

676.  Reversion.]  § 3.  In  case  any  such  parks  so  to  be  taken  shall 
pass  from  the  control  of  any  such  park  board,  the  power  and  authority 
over  the  same,  granted  or  authorized  by  this  act,  shall  reVert  to  the 
proper  authorities  of  such  city,  town  or  village,  as  the  case  may  be,  ai 
af()resaid. 

677.  Power  of  city  or  village.]  § 4.  Any  city,  town  or  village  in 
this  state  shall  have  full  power  and  authority  to  vest  any  such  board  of 
public  park  commissioners  with  the  right  to  control,  improve  and  main- 
tain any  such  park  within  the  district  over  which  such  board  of  park 
commissioners  has  jurisdiction  for  the  purposes  of  carrying  out  the  prO' 
visions  of  this  act,  in  accordance  with  its  intent. 

678.  Emergency.]  § 5.  Whereas,  public  policy  requires  that,  so 
far  as  practicable,  there  should  be,  within  the  jurisdiction  of  such  park 
boards,  but  a single  authority  over  the  parks  lying  within  such  districts 
respectively;  therefore,  an  emergency  exists  for  the  passage  of  this  act, 
and  the  same  shall  take  effect  and  be  in  force  from  and  after  passage. 
An  act  to  authorize  the  corporate  authorities  of  towns  to  issue  bonds  foi 

the  completion  and  improvement  of  public  parks  and  boulevards,  and 
to  provide  a tax  for  the  payment  of  tlie  same.  [Approved  and  in  force 
June  12,  1891,  L.,  1891;  p.  178 


Parks. 


:;o() 

678a.  Parks  existing  — bonds  to  improve.]  § 1.  Be  it  enacted  hy 
the  people  of  the  state  of  J llinois,  re'presented  in  the  yeneral  assembly  ; 'i’bat 
ill  any  town  which  is  now  included  within  the  limits  of  any  city  in  this 
state  where  the  boundaries  and  limits  of  any  such  town  are  co-extensive 
with  the  boundaries  and  limits  of  any  park  district,  in  which  a boai'd  of 
jiark  commissioners  shall  now  exist,  having  authority  by  law  to  acquii’e, 
hold,  improve  and  maintain  land  and  the  appurtenances  in  trust  for  the 
inhabitants  of  such  town,  and  of  a division  or  part  of  such  city,  and  for 
such  parties  or  jiersons  as  may  succeed  to-the  rights  of  such  inhabitant‘s 
and  for  the  public  as  a public  promenade  and  pleasure  ground  and 
ways,  but  not  for  any  other  use  or  purpose  without  the  consent  of  a ma- 
jority, by  frontage  of  the  owners  of  the  property  fronting  the  same,  and 
without  the  power  to  sell,  alienate,  mortgage  or  incumber  the  same,  the 
corporate  authorities  of  such  town  (meaning  the  town  supervisor,  clerk 
and  assessor  thereof),  shall  have  authority,  and  sudi  coi-porate  authori- 
ties of  any  such  town  are,  hereby,  empowered,  upon  the  written  request 
to  that  effect  or  any  board  of  park  commissioners  or  the  successors 
thereof,  which  shall  now  exist  within  any  such  town,  to  issue  bonds  in 
the  name  of  such  town  to  an  amount  not  exceeding  in  the  aggregate  the 
principal  sum  of  one  million  dollars,  and  such  bonds,  when  so  issued  by 
such  corporate  authorities,  shall  be  delivered  to  such  board  of  park  com- 
missioners, to  be  by  them  sold  in  the  manner  hereinafter  provided,  and 
tlie  proceeds  thereof  used  for  the  improvement  of  any  land  now  held, 
controlled  and  maintained,  by  any  such  board  of  park  commissioners, 
for  park  and  boulevard  purposes  : Provided,  that  the  total  indebtedness 
of  such  town  including  the  said  sum  of  one  million  dollars  hereby 
authorized  to  be  issued,  shall  not  exceed  five  per  centum  of  the  value 
of  the  taxable  property  of  such  town,  as  ascertained  by  the  last  assess- 
ment for  state  and  county  taxes  previous  to  issue  of  any  such  bonds. 
And  such  corporate  authorities  of  any  such  town  shall,  in  addition  to 
the  amount  of  any  tax  now  authorized  by  law  to  be  levied  and  collected 
for  park  and  boulevard  ])urposes  in  any  such  town,  levy  and  collect 
annually  a tax  not  to  exceed  one  and  one-half  mills  on  the  dollar  upon 
the  taxable  pro])ert3’  in  any  such  town,  according  to  the  valuation  of 
the  same  as  made  for  the  purposes  of  state  and  county  taxation  ; such 
tax  to  be  used  and  expended  by  such  hoard  of  park  commissioners  in 
governing,  maintaining  and  improving  such  parks  and  boulevards  or 
pleasure  ways,  and  in  paying  the  interest  and  principal  of  such  bonds 
and  other  necessary  and  incidental  expenses  incurred  in  and  about  the 
management  of  any  such  parks  and  boulevards.  Neither  the  bond 
hereby  authorized  to  be  issued  for  the  purpose  aforesaid,  nor  the  pro- 
ceeds thereof,  sliall  be  used  by  any  such  board  of  park  commissioners 
for  any  other  purpose  than  tlie  improvement  of  the  lands  now  held, 
controlled  and  maintained  by  such  board  of  park  commissioners.  Nor 
shall  any  portion  of  tlie  money  derived  from  the  sale  of  said  bonds  be 
used  or  expended  by  such  board  of  park  commissioners  in  the  improve- 
ment, maintenance,  control  or  repair  of  any  boulevard  or  pleasure  way 


Parks. 


301 


which  has  been  or  may  hereafter  be  made  into  boulevards  or  pleasure 
ways  from  pre-existing  streets,  but  all  of  the  proceeds  of  the  sale  of 
such  bonds  shall  be  used  and  expended  exclusively  in  the  improvement 
of  the  lands  acquired  and  maintained  by  any  such  board  of  park  com- 
missioners by  means  and  from  sources  other  than  the  ti’ansfer  of  any 
street  or  streets  by  the  common  council  of  any  municipal  corporation, 
to  the  management  and  control  of  any  such  board  of  park  commissioners. 

678b.  Bonds  and  interest — issue  — registration  — violation  of 
act,  penalties.]  § 2.  Such  bonds  shall  be  issued,  by  the  corporate 
authorities  of  such  town  as  aforesaid,  in  the  name  of  said  town,  upon 
the  request  in  writing  of  any  such  board  of  park  commissioners  or  a 
majority  of  the  members  thereof.  Said  bonds  shall  be  signed  by  the 
said  corporate  authorities  in  the  name  of  said  town,  and  when  so  signed 
shall  be  delivered  by  such  corporate  authorities  to  such  board  of  park 
commissioners,  who  shall,  before  disposing  of  tlie  same,  indorse  upon 
each  one  of  such  bonds  a certificate  to  the  effect  that  such  bonds  have 
been  issued  by  the  corporate  authorities  of  such  town,  upon  the  requisi- 
tion of  such  board  of  park  commissioners  for  the  issue  of  such  bonds 
by  the  corporate  authorities  of  such  town.  And  such  certificate,  so  to 
be  indorsed  upon  each  one  of  such  bonds,  shall  be  evidence  that  due 
requisition  for  the  issue  of  such  bonds  has  been  made  by  such  board 
of  park  commissioners  upon  the  corporate  authorities  of  such  town  as 
aforesaid.  Such  certificate  so  to  be  indorsed  upon  said  bond  shall  be 
signed  by  the  president,  treasui-er,  auditor  and  secretary  of  such  board 
of  park  commissioners.  The  said  Ijonds  may  be  of  the  denomination 
of  twenty-five  dollars,  and  of  any  multiple  thereof.  They  shall  bear- 
interest  at  a rate  not  exceeding  five  per  centum  per  annum,  to  be  paid 
semi-annually,  and  to  be  evidenced  by  coupons  thereto  attached,  and 
the  principal  shall  be  payable  at  such  place  and  at  such  time,  not 
excedi ng  twenty  years  from  the  date  of  the  issue  of  such  bonds,  as  such 
board  of  park  commissioners  may  determine.  Such  bonds  shall  be 
numbered  in  regular  series  and  shall  be  registered  upon  the  records  of 
of  such  board  of  park  commissioners,  which  I’egistry  shall  show  the 
number  of  the  bonds,  the  amount  of  each  bond,  when  the  same  is  pay- 
able, to  whom  the  same  shall  be  payable,  and  the  rate  of  interest  pay- 
able thereon  : Provided,  however,  that  such  bonds  may  be  made  payable 
to  bearer,  or  to  the  order  of  such  person  or  persons  as  may  be  named 
therein,  and  when  any  of  such  bonds  shall  be  made  payable  to  bearer 
they  shall  pass  by  delivery,  and  provision  shall  be  made  by  such  board 
of  park  commissioners  for  the  second  registry  of  such  bonds  in  the 
office  of  such  board  of  park  commissioners,  at  the  option  of  the  holder 
and  in  his  name  ; and  after  a second  registry  of  any  of  such  bonds  they, 
together  with  any  bonds  made  payable  to  any  particular  person  or  per- 
sons, shall  pass  only  by  indorsement  and  delivery.  None  of  such 
bonds  shall  be  sold  by  such  board  of  park  commissioners  for  less  than 
the  par  value  thereof  and  the  accrued  interest  thereon  at  the  date  of 
sale.  And  such  board  of  park  commissioners  are  hereby  empowered 


J^VKKS. 


to  require  of  the  treasurer  of  any  such  board  a bond,  with  security  to  be 
approved  by  the  circuit  court  of  the  county  in  which  such  parks  and 
boulevards  or  j)leasure  ways  may  be  located,  sufficient  in  amount  and 
penalty  to  pi'otect  and  save  harmless  any  such  board  of  park  commis- 
sioners from  loss  of  any  money  or  sums  of  money  which  may  or  shall, 
from  time  to  time,  come  into  the  hands  of  the  treasurer  of  any  such 
board  of  park  commissioners  from  the  sale  of  any  of  the  bonds  issued 
and  sold  under  and  by  virtue  of  the  provisions  of  this  act.  Any  per- 
son who  shall  knowingly  violate  or  aid  and  abet  in  the  violation  of  any 
of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  embezzlement, 
and  shall  be  liable  to  indictment,  trial  and  punishment  as  in  other  cases 
of  embezzlement.  • 

678c.  Interest,  payment  of— sinking  fund.]  §3.  For  the  purpose 
of  providing  for  the  payment  of  the  interest  on  such  bonds  as  it  falls 
due  and,  also,  to  pay  and  discharge  the  pi'incipal  thereof,  as  the  same 
shall  mature,  any  such  board  of  park  commissioners  are  hereby  required 
each  year  to  appropriate  from  any  annual  park  tax,  not  heretofore 
specifically  appropriated  by  law,  which  may  now  or  hereafter  be  auth- 
orized and  directed  to  be  levied  upon  the  taxable  property  in  any  such 
town,  whether  the  same  be  known  as  “boulevard  and  park  tax'’  or 
otherwise,  a sum  sufficient  to  meet  the  interest  upon  such  bonds  as  it 
may  accrue,  and  to  provide  a sinking  fund  for  the  purpose  of  paying 
the  principal  of  such  bonds,  as  they  shall  mature  or  become  due,  accord- 
ing to  the  provisions  of  this  act. 

dySd.  Sinking  fund — appropriation  therefor.]  § 4.  Any  and  all 

bonds  which  shall  be  issued  in  accordance  with  the  provisions  of  this 
act  shall  contain  the  condition  that,  upon  the  exjnration  of  five  years 
after  the  date  of  such  bonds,  and  upon  the  expiration  of  each  successive 
year  thereafter,  such  board  of  park  commissioners  shall,  at  an  open 
meeting  of  the  board  of  such  park  commissioners,  select  by  lot  so  many 
and  such  an  amount  of  such  bonds  as  may  be  requii-ed  to  absorb  the 
sinking  fund  hereinbefore  provided  ; and  the  principal  of  the  bonds  so 
selected  shall  become  due  and  payable  at  the  the  date  of  the  next  in- 
stalment of  interest  maturing  on  the  several  bonds,  so  selected  from 
time  to  time,  and  shall  cease  to  bear  interest  after  they  severally  become 
due  and  payable  by  reason  of  such  selection.  Such  board  of  park  com- 
missioners, immediately  after  making  such  selection,  shall  make  and 
sign  in  duplicate  a statement  of  the  result  thereof,  and  shall  file  one 
copy  thereof  in  the  office  of  the  town  clerk  of  such  town,  and  the  other 
copV  shall  be  filed  in  the  office  of  the  county  clerk  of  the  county  in 
which  any  such  town  shall  be  located ; and  it  is  hereby  made  the 
duty  of  such  board  of  park  commissioners  to  pay  and  discharge  the 
principal  of  the  bonds  selected,  at  the  date  of  the  next  instalment  of  in- 
terest maturing  on  the  bonds  so  selected,  from  the  sinking  fund  herein- 
before provided  for  that  ])urpose. 

6780.  Sinking  fund -purchase  of  bonds.]  § 5.  Any  such 
board  of  park  commissioners  is  hereby  empowered,  after  the  expiration 
of  one  year  and  at  any  time  before  five  years  from  the  date  of  any  bonds 


Parks. 


m 


authorized  to  be  issued  according  to  the  provisions  of  this  act,  to  pur- 
chase a sufficient  number  and  amount  of  such  bonds  then  outstanding 
as  will  absorb  the  annual  sinking  fund  required  by  the  provisions  of 
this  act:  Provided,  that  such  board  of  park  commissioners  shall  not 
be  authorized  to  pay  for  the  bonds  authorized  by  this  section  to  be  pur- 
chased more  that  the  fair  market  value  thereof  at  the  date  of  such 
purchase. 

678f.  Emergency.]  § 6.  Omitted. 

An  act  to  authorize  an  additional  issue  of  bonds  to  raise  funds  for  the 

protection  of  public  parks  from  waste  by  the  action  of  water.  [Ap- 
proved May  26,  1891.  L.,  1891,  p.  168. 

678g.  Park  on  lake  — protection  of  shore  line.]  § 1.  Be  it  en- 
acted hy  the  people  of  the  state  of  Illinois^  represeyited  in  the  general  assem- 
bly: That  in  all  cases  where  a public  park  or  a portion  of  one  fronting 

on  the  shore  of  a lake  lies  in  any  town,  the  supervisor  and  assessor  of 
which  have  been  heretofore  declared  to  be  corporate  authorities,  such 
supervisor  and  assessor  may,  from  time  to  time,  authorize  the  bonds  of 
said  town  to  be  issued  to  an  amount  including  existing  indebtedness  of 
such  town,  so  that  the  aggregate  indebtedness  of  such  town  shall  not 
exceed  five  per  centum  on  the  value  of  the  taxable  property  therein,  to 
be  ascertained  by  the  last  assessment  for  state  and  county  taxes  previ- 
ous to  the  issue,  from  time  to  time,  of  such  bonds,  such  issue  not  to 
exceed  in  the  aggregate  the  sum  of  two  hundred  thousand  dollars  in 
addition  to  the  amount  previously  authorized  by  law;  such  authority 
shall  be  in  writing,  signed  by  the  supervisor  and  assessor  of  said  town 
a copy  of  which  shall  be  filed  with  the  county  clerk,  and  another  copy 
shall  be  filed  with  the  commissioners  of  such  park,  to  be  by  them  re- 
corded in  their  record  of  proceedings  of  their  board. 

678I1.  Bonds,  payment  of — interest  — issue.]  § 2.  Such  bonds 
shad  be  issued,  when  authorized  by  the  corporate  authorities  of  the 
town,  as  aforesaid,  in  the  name  of  said  town  by  the  commissioners  of 
said  park,  to  be  signed  by  the  president  and  treasurer  and  countersigned 
by  the  secretary  with  his  seal  of  office  affixed.  They  shall  bear  inter- 
est at  the  rate  of  not  exceeding  five  per  centum,  payable  semi-annually, 
and  the  princi|')al  shall  be  payable  at  such  time  as  may  be  determined, 
not  exceeding  twenty  years. 

6y8i.  Bonds,  sale  of — proceeds  — use.]  § 3.  The  commission- 
ers of  said  park  may  sell  said  bonds,  and  the  proceeds  thereof  shall  be 
used  exclusively  for  the  continuance  and  completion  of  any  shore  pro- 
tection now  in  process  of  construction  in  front  of  said  park  for  the 
purpose  of  preventing  the  waste  of  land  by  the  action  of  the  water  of 
said  lake. 

678J*.  Tax  — rate  increased.]  §4.  In  addition  to  the  amount  of 
money  authorized  to  be  raised  by  taxation  on  the  property  of  such  town 
for  the  payment  of  any  other  debt  contracted  by  the  park  commission- 
ers falling  due  during  the  next  year,  and  for  the  improvement  and 
maintenance  and  government  of  said  park  during  the  next  succeeding 


301 


Parks. 


year,  tlie  suj)ervisor  of  said  lown  sliall,  also,  add  the  amount  of  interest 
juiyable  on  said  bonds  during  the  next  year  thereafter,  and,  also,  a sum 
snfUcient  to  pay  and  discharge  the  principal  of  said  bonds  within  twenty 
years  from  the  time  of  issuing  the  same. 

An  act  to  provide  for  the  assessment  and  collection  of  a general  tax,  by 

cities,  for  park  and  boulevard  purposes.  [Approved  June  17,  1893. 
L.,  1893,  p.  77. 

678k.  Tax  levy  for  park  and  boulevard  purposes.]  § 1.  Beit 

enacted  hy  the  jyeople  of  the  state  of  1 llhiois,  represented  in  the  general  as- 
sembly; That  the  city  council  in  cities  having  a population  of  not  less 
than  25,000,  nor  more  than  100,000,  to  be  ascertained  by  the  next  pre- 
ceding United  States  census,  whether  incorporated  under  the  general 
law  or  special  charter,  shall  have  the  power,  by  ordinance,  to  provide, 
by  taxation,  a special  fund,  not  to  exceed  three  mills  on  the  $100  valua- 
tion of  the  taxable  property  within  the  corporate  limits  of  said  cities,  to 
be  assessed  and  collected  in  the  same  manner  as  the  other  general  taxes 
for  said  cities  are  collected,  to  be  used  only  for  the  purpose  of  purchas- 
ing land  for  parks  and  boulevards  in  and  around  such  cities  and  for 
opening,  improving  and  maintaining  the  same. 

678I. Purchase  of  lands — expenditure  of  fund.]  § 2.  That  the 
funds  so  provided  may  be  used  for  the  purchase  of  lands  within  the  cor- 
porate limits  or  in  adjoining  townships  and,  in  such  cities  where  boule- 
vard and  park  associations  have  been  or  may  hereafter  be  incorporated 
under  the  general  law  and  are  now  in  operation  doing  the  work  pro- 
vided for  under  this  act,  the  proceeds  of  such  tax  may  be  placed  in  the 
hands  of  such  association  for  such  purposes. 

678m.  Statute  in  force  only  on  the  popular  vote.]  § 3.  Noth- 
ing in  this  act  contained  shall  authorize  any  cit}^  to  levy  or  collect  any 
tax  herein  provided  for  until  the  question  of  such  levy  shall  have  been 
submitted  to  the  legal  voters  of  such  city  and  authorized  by  a majority 
of  the  votes  cast  at  such  election. 

6780.  Emergency.]  § 4.  Omitted. 

An  act  to  enable  park  commissioners  to  maintain  and  govern  parks  and 
boulevards  under  their  control.  [Approved  June  17,  1893;  L.,  1893, 

p.  161. 

678  o.  Taxation,  government  and  maintenance.]  § 1.  Be  it  en- 
acted by  the  peojjlc  of  the  state  of  Illinois,  represented  in  the  general  assemb- 
ly : That  in  any  town  which  is  now  included  within  the  limits  of  any 
city,  in  this  state,  in  which  a board  of  park  commissioners  shall  now 
exist,  having  authority,  by  law,  to  acquire  land  and  the  appurtenances 
in  trust  for  the  inhabitants  of  such  town  and  of  the  division  or  part 
of  such  town,  for  such  parties  or  persons  as  may  succeed  to  the 
rights  of  such  inhabitants  and  for  the  public,  as  public  promenades 
and  ])leasure  grounds  and  ways  and  for  not  other  use  or  purpose,  with- 
out the  consent  of  a majority,  by  frontage,  of  the  owners  of  the  prop- 
erty fronting  the  same,  and  without  the  power  to  sell,  alienate,  mort- 
gage or  incumber  the  same,  the  corporate  authorities  of  any  such  town, 


Plats. 


305 


authorized  by  law,  to  assess  taxes  for  park  purposes,  sliall,  upon  a re- 
ceipt of  a certificate  in  writing  from  any  such  board  of  park  commis- 
sioners, on  or  before  the  first  day  of  August  in  each  year,  levy  and 
assess,  in  addition  to  all  other  taxes  now  authorized  by  law  to  be  levied 
and  assessed,  for  the  purpose  of  governing  and  maintaining  any  such 
parks  and  boulevards,  one  mill  on  each  dollar  of  the  taxable  property 
in  said  town  and  within  the  park  district,  subject  to  taxation  for  park 
and  boulevard  purposes,  according  to  the  valuation  of  the  same  as  made 
for  the  purpose  of  state  and  county  taxation  ; and,  such  additional  one 
mill  on  the  dollar  of  the  taxable  property  in  said  town  and  park  district, 
shall  be  used  and  expended,  by  such  board  of  park  commissioners,  in 
governing  and  maintaining  any  parks,  boulevards  or  pleasure  wavs 
under  the  jurisdiction,  management  and  control  of  any  such  board  of 
park  commissioners,  and  for  paying  any  other  necessary  and  incidental 
expenses  incurred  in  and  about  the  management  of  any  sueh  parks  and 
boulevards  and  such  additional  one  mill  shall,  by  the  officer  authorized 
by  law  to  assess  and  collect  taxes  for  park  purposes,  be  colleeted  and 
paid  over  the  same  as  other  park  taxes  are  now  required,  by  law,  to  be 
collected  and  paid  over. 

Ati  act  concerning  museums  in  public  parks.  [Approved  June  17, 
1893;  L.,  1893,  ]).  160. 

678p.  Buildings  for  museums — election.]  § 1.  Be  it  enacted  hy 
the  people  of  the  slate  of  Illinois^  represented  in  the  general  assembly : That 
the  corporate  authorities  of  cities  and  park  districts  having  the  control 
or  supervision  of  any  public  park,  are,  hereby,  authorized  to  purchase 
or  erect  and  maintain  within  such  public  park,  edifices  to  be  used  as 
museums  for  the  collection  and  display  of  objects  pertaining  to  natural 
history  and  the  arts  and  sciences  and  to  charge  an  admission  fee  to  the 
same,  not  exceeding  25  cents  for  each  visitor  over  ten  years  of  age  and 
not  exceeding  10  cents  for  each  visitor  of  ten  years  of  age  and  under, 
the  proceeds  thereof  to  be  devoted  to  the  maintenance  of  s-uch  museums: 
Provided,  that,  all  such  museums  shall  be  open  to  the  public  without 
chai’ge  for  two  days  of  each  week  and  to  the  children  in  actual 
attendance  upon  any  of  the  schools  in  this  state  at  all  times  : and,  pro- 
vided also,  that,  prior  to  the  establishment  of  any  such  museum,  this 
act  shall  have  been  submitted,  at  any  election,  to  the  electors  of  the 
city  or  park  district  proposing  to  establish  the  same  and  shall  have  been 
adopted  by  a majority  of  the  electors  voting  upon  such  proposition  at 
the  election  at  which  this  act  is  so  submitted. 

23.  PLATS. 

Section.  Section. 

679.  Laying  out  towns  etc.  684.  Vacation  of  entire  plat. 

680.  Certificate  of  surveyor  — acknow-  685.  Of  part  of  plat. 

ledgment  — record.  686.  Canceling  plat  of  record. 

681.  Dedication  — effect  of.  687.  Plats  of  highways  etc.  to  be  made 

682.  Neglect  to  plant  corner  stone  etc.  and  recorded. 

683.  Penalty  for  selling  without  plat  re- 

oorded  etc. 


m 


Plats. 


All  act  to  revise  the  law  in  relation  to  plats.  [Approved  March  21, 

1874.  In  force  July  1,  1874.  11.  S.,  1874,  cli.  1U9. 

679.  Laying  out  towns  etc.]  § 1.  Be  it  enacted  hy  the  people  of 
the  state  of  Illinois^  represented  in  the  general  assemhly^  Whenever 
the  owner  of  lands  shall  wish  to  subdivide  the  same  into  two  or  more 
parts  for  the  purpose  of  laying  out  a town,  or  making  any  addition  to 
any  city,  village  or  town,  or  of  re-subdividing  any  lots  or  blocks  therein, 
he  shall  cause  the  same  to  be  surveyed  and  a plat  thereof  to  be  made 
by  the  county  surveyor  or  some  other  competent  surveyor,  which  plat 
shall  particularly  describe  and  set  forth  all  the  streets,  alleys,  common 
or  public  grounds,  and  all  the  in  and  out  lots  or  fractional  lots, or  blocks 
within,  adjoining  or  adjacent  to  the  land  so  divided,  giving  the  names, 
widths,  courses  and  extent  of  all  such  streets  and  alleys,  and  numbering 
all  lots  and  blocks  by  progressive  numbers,  giving  their  precise  length 
and  width.  Reference  shall,  also,  be  made  upon  the  plat  to  some  known 
and  permanent  monument  from  which  future  surveys  may  be  made, 
or,  if  no  such  monument  shall  exist  within  convenient  distance,  the 
surveyor  shall,  at  the  time  of  making  his  survey,  plant,  and  fix,  in  such 
manner  that  the  same  shall  not  be  moved  by  frost,  at  the  corner  of 
some  public  ground,  or,  if  there  be  none,  then  at  the  corner  of  some 
lot  or  block  most  convenient  for  reference,  a good  and  sufficient  stone, 
to  be  furnished  by  the  person  for  whom  the  survey  is  made,  and  desig- 
nate upon  the  plat  the  point  where  the  same  may  be  found. 

1.  One  who  lays  out  land  into  lots  and  streets  has  the  right  to  locate  the  streets 
where  he  chooses.  So,  when  he  has  erected  stones  to  show  where  a street  is  located 
and  staked  lots  abutting  on  each  side  of  such  street  and  sold  lots  with  reference 
thereto,  which  lots  have  been  improved  and  the  location  of  the  street  has  been 
acquiesced  in,  by  the  public,  for  twenty  years,  purchasers  and  a city,  having  taken 
the  street  in  trust  for  the  public,  will  be  bound  by  the  monuments,  in  determining 
the  location  of  the  street,  and  any  attempt  to  change  its  actual  location  equity  will 
restrain;  Lull  v.  Chicago,  68  111.,  518. 

680.  Certificate  of  surveyor  — acknowledgment  — record.] 

§ 2.  The  plat,  having  been  completed,  shall  be  certified  by  the  surveyor 
and  acknowledged  by  the  owner  of  the  land,  or  his  attorney  duly 
authorized,  iu  tlie  same  manner  as  deeds  of  laud  are  required  to  be 
acknowledged.  The  certificate  of  the  surveyor  and  of  acknowledgment, 
together  with  the  plat,  shall  be  recorded  in  the  recorder’s  office  of  the 
county  in  which  the  land  is  situated,  ar)d  such  acknowledgment  and 
record  shall  have  like  effect,  and  certified  copies  thereof,  and  of  such 
plat  or  of  any  plat  heretofore  acknowledged  and  certified  according  to 
law,  may  be  used  in  evidence  to  the  same  extent,  and  with  like  effect, 
as  in  case  of  deeds. 

681.  Dedication  — effect  of.]  § 3,  The  acknowledgment  and  re- 
cording of  such  plat  shall  be  held  in  law  and  in  equity  to  be  a convey- 
ance in  fee  simple  of  such  portions  of  the  pi’emises  platted  as  are 
marked  or  noted  on  such  jilat  as  donated  or  granted  to  the  public,  or 
any  person,  religious  society,  corporation  or  body  ])oIitic.  and  as  a 
general  warranty  against  the  donor,  his  heirs  and  representatives  to 
such  donee  or  grantee  for  their  use  or  for  the  use  and  purposes  tlierein 


Plats. 


307 


named  or  intended,  and  for  no  other  use  or  purpose.  And,  the  prem- 
ises intended  for  any  street,  alley,  way,  common  or  other  public  use  in 
any  city,  village  or  town,  or  addition  thereto,  shall  be  held  in  the  cor- 
porate name  thereof  in  trust  to  and  for  the  uses  and  purposes  set  forth 
or  intended. 

1.  A town  plat,  when  duly  certified,  acknowledged  and  recorded  according  to  the 
statute,  is  deemed,  in  law  and  equity,  a sufficient  conveyance  to  vest  the  fee  simple 
of  the  land,  therein  designated  as  for  public  squares,  parks,  commons,  streets,  alleys 
or  other  public  uses,  in  the  corporation,  for  the  uses  and  purposes  expressed  or  in- 
tended, and  as  a general  warranty  against  the  donor  to  the  donee  for  the  uses  and 
purposes  mentioned;  Lee  v.  Mound  Stat.,  118  111.,  312;  LaSalle  t>.  Matt.  etc.  Co.,  16 
App.,  73;  Jacksonville  v.  Jacks.  Ry.  Co.,  67  111.,  540.  If  the  plat  be  recorded  before 
the  town  has  a corporate  existence,  the  fee  remains  in  abeyance,  subject  to  vest  in  the 
corporation  so  soon  as  it  is  created.  Making  and  recording  the  plat  operates  as  a 
grant  of  the  fee,  to  the  municipality,  as  effectually  as  a deed  would;  Gebhardt^. 
Reeves,  75  111.,  301;  Brooklyn  v.  Smith,  104  111.,  429;  Zinc  Co.  v.  LaSalle,  117  111.,  414. 

2.  The  public  acquires  the  use  of  alleys  by  the  mere  platting  of  a town — if  there  be 
no  adverse  possession;  Hatton  v.  Chatham,  24  App.,  622. 

3.  The  fee  vested  in  a municipality  under  this  statute  is  a base  or  determinable  fee, 
determined  bv  some  act  or  event  which  circumscribes  its  continuance;  Zinc  Co.  o. 
LaSalle,  117  111.,  414. 

4.  Town  laid  out  and  platted  by  the  state;  fee  of  the  streets  vests  in  the  municipality; 
Zinc  Co.  -y.  LaSalle,  117  111.,  414. 

5.  If  property  be  conveyed  by  public  authorities  platted  as  grounds  dedicated  to 
public  use  and  other  adjacent  property  be  sold  on  the  faith  of  such  use  and  in  con- 
sideration of  the  benefits  resulting  therefrom,  such  public  property  can  not  be  sold; 
but  a delay  of  fifty  years  in  asserting  the  right  will  bar;  Lyman  v.  Gedney,  114 
111.,  395. 

6.  Conveyance  by  plat  restricts  grantee  to  the  boundaries  as  shown  by  the  plat ; 
Trustees  i\  Schroll,  120  111.,  ol7. 

7.  A conveyance  of  a lot  abutting  on  a street  dedicated  by  platting  carries  title  only 
to  the  street — not  to  its  center;  Zinc  Co.  y.  LaSalle,  117  111.,  414. 

8.  Dedication  of  land  to  public  use  may  be  by  survey  and  plat,  without  any  declara- 
tion, if  the  intention  be  evident;  Maywood  Co.  y.  Maywood,  118  111.,  65. 

9.  Dedication  of  land  to  public  use,  by  plat  or  otherwise,  is  matter  of  intention; 
Elgin  y.  Beckwith,  119  111.,  371. 

10.  If  a land  owner  lays  out  and  plats  ground  as  a village  and  assents  4o  the  use  of 
a part  as  a park  and  the  inhabitants  have  actually  enjoyed  that  use  in  such  way  and 
for  such  time  as  tliat  public  and  private  rights  will  be  materially  affected  by  an 
interruption  there  is  a dedication;  Maywood  Co.  y.  Maywood,  118  111.,  65. 

11.  Recorded  plat  of  a village  showing  a block  marked  as  a public  park  with  con- 
stant, open  and  notorious  user  by  the  public  as  such  is  notice  to  holders  of  bonds 
undera  trust  deed  covering  the  land;  Maywood  Co.  y.  Maywood,  118  111.,  65. 

12.  Land  owner  platting  a town  showing  lands  set  apart  for  streets  and  parks;  con- 
veyance of  lots  implies  such  lands  shall  for  ever  be  open  to  such  public  uses,  free 
from  inconsistent  claim  or  interference;  Maywood  Co.  y.  Maywood,  118  111.,  65. 

13.  There  may  be  a donation  to  the  public  — or  to  any  individuals — by  a plat  sub 
dividing  land  into  lots.  So,  where  a square  is  designated  on  a plat,  marked  “ private  ”, 
and  lots  are  made  to  front  thereon,  the  word  “ private  ” will  indicate  that  the  square 
is  donated  for  the  use  of  individuals  who,  thereafter,  should  become  the  owners  of 
such  lots — not  to  the  public.  After  the  sale  of  such  lots,  by  the  plat,  the  grant  of  the 
square  will  become  irrevocable;  Smith  y.  Heath,  102  111.,  136. 

14.  Acceptance  by  municipal  authorities  is  necessary  to  the  dedication  of  streets 
and  alleys  by  acknowledgment  and  record  of  plat;  Hamilton  y.  C.,  B.  & Q.  RR.  Co., 
124  111.,  241. 

15.  Some  act  showing  acceptance  of  dedication  of  streets  must  be  shown  to  pass 
the  fee  thereof  to  a town;  Hamilton  y.  C.,  B.  & Q.  RR.  Co.,  124  111.,  241. 

16.  Incorporated  villages  and  cities  may  refuse  to  accept  the  proposed  dedication  of 
a street;  Marseilles  y.  Howland,  124  111.,  551. 


l^LATS. 


m 


17.  Until  acceptance  of  dedication  of  streets  and  alleys  by  town  plat  the  fee  remains 
in  the  original  owner;  Hamilton  v.  C.  B.  Q.  R.  R.  Co.,  124  111.,  241. 

18.  No  acce])tance  by  nuinicii)5il  authorities  of  streets  dedicated  by  plat;  conveyance 
of  lots  by  original  owner  carries  title  to  the  street  center;  the  fee  pa.sses  to  grantee 
burdened  witli  the  offer  of  dedication;  Hainilton  v.  C.,  B.  & Q.  RH.  (,’o.,  124  111.,  241. 

11).  d'itle  does  not  revert  to  the  original  owner  after  convevance  of  the  lot  abuttinfr- 
Hamilton  r.  C.,  B.  & Q.  RR.  Co.,  124  111.,  241. 

20.  After  dedication  of  lands  for  streets  by  ]dat  the  ])ublic  authorities  are  not 
r(!quired  to  accept  at  onc(g  a reasonable  time  is  to  be  allowed  for  opening  and  improv- 
ing according  as  means  and  public  need  allow  and  require;  Lake  Abew  LeBahn, 
120  111.,  1)8. 

21.  Dedication  of  a .street  or  highway  by  an  individual;  if  it  appears  beneficial  and 
necessary  to  the  ])ublic,  acceptance  is  presumed  from  slight  circumstances;  Mann  v. 
Elgin,  24  App.,  419. 

22.  Acceptance  by  the  public  is  indicated  by  actual  u.se  of  the  land  for  the  purpose 
indicated;  Maywood  Co.  v.  Maywood,  118  111.,  05. 

23.  Demand  for  possession  and  a deed  by  a village  succeeding  to  the  public  rights 
indicates  acceptance;  failure  to  improve  after  refusal  does  not  evidence  non  acceptance; 
Maywood  Co.  v.  Maywood,  118  111.,  65. 

24.  Town  or  village  platted  and  afterward  incorporated;  election  of  officers  and  per- 
formance of  all  necessary  corporate  acts  evidence  acceptance  by  the  public  of  streets 
and  grounds  as  platted  and  ve.sts  title  thereto  in  the  corporation;  Lee  v.  Mound  Sta- 
tion, 118  111.,  312. 

682.  Neglect  to  plant  corner  stone  etc.]  § 4.  Whoever  shall  lay 

out  any  town  or  make  any  addition  to  any  city,  village  or  town,  or  re- 
subdivide any  lots  or  blocks  therein,  and  neglect  to  any  corner 

stone  when  required  by  this  act,  or  shall  survey  the  same  or  cause  it  to 
be  surveyed  in  any  other  manner  than  that  which  is  prescribed  in  this 
act,  shall  be  hned  in  any  sum  not  less  than  $25  nor  exceeding  $100. 

1.  Stones  required,  by  law,  to  mark  the  location  of  streets  and  public  grounds, 
have  the  same  force  and  effect  as  original  monuments  erected  by  government  surveyors 
and,  in  case  of  discre]iancv,  will  govern  and  control  measurements;  Lull  v.  Chicago, 
68  111.,  518, 

683.  Penalty  for  selling  without  plat  recorded  etc.]  § 5.  Who- 
ever shall  sell  or  offer  for  sale,  or  lease  for  any  time  exceeding  five  years, 
any  lot  or  block  in  any  town,  city  or  village,  or  any  addition  thereto, 
or  any  re-subdivision  of  any  lot  or  block  therein,  before  all  the  requi- 
sitions of  this  act  have  been  complied  with,  shall  be  fined  $25  for  each 
lot  or  block  or  part  thereof  so  disposed  of,  offered  for  sale  or  leased. 

684.  Vacation  of  entire  plat.]  § 6.  Any  such  plat  may  be  vacated 
by  the  owner  of  the  premises  at  any  time  before  the  sale  of  any  lot 
therein,  by  a written  instrument  declaring  the  same  to  be  vacated,  exe- 
cuted, acknowledged  or  proved,  and  recorded  in  like  manner  as  deeds  of 
land ; which  declaration,  being  duly  recorded,  shall  operate  to  destroy 
the  force  and  effect  of  the  recording  of  the  plat  so  vacated,  and  to  di- 
vest all  public  rights  in  the  streets,  alleys  and  public  grounds,  and  all 
dedications  laid  out  or  described  in  such  plat.  When  lots  have  been 
sold,  the  plat  may  be  vacated  in  the  manner  herein  provided  by  all 
the  owners  of  lots  in  such  plat  joining  in  the  execution  of  such 
writing. 

685.  Of  part  of  plat.]  § 7.  Any  part  of  a plat  may  be  vacated  in 
the  manner  provided  in  the  preceding  section,  and  subject  to  the  con- 
ditions therein  prescribed:  Provided,  such  vacation  shall  not  abridge 


Plats. 


300 


or  destroy  any  of  the  rights  or  privileges  of  other  proprietors  in  such 
plat:  And,  provided,  further,  that  no  thing  contained  in  this  section 
shall  authorize  the  closing  or  obstructing  of  any  public  highway  laid 
out  according  to  law. 

1.  On  the  entire  and  permanent  abandonment  of  a street  by  vacation  of  the  plat 
the  property  in  the  street  reverts  to  the  dedicator;  Zinc  Co.  v.  LaSalle,  117  111,,  414, 

2.  Dedication  by  plat  of  town,  village  or  addition,  may  be  revoked  before  accept- 
ance, by  deed;  but  not  by  recording  a new  plat  after  a first  is  recorded;  Lee  v.  Mound 
Station,  118  111.,  312. 

3.  Land  dedicated  for  streets  by  acknowledgment  and  recording  of  a proper  plat; 
the  dedication  can  not  be  revoked  even  before  acceptance  by  the  town;  Lake  Viewy. 
LeBahn,  120  111.,  98. 

4.  Under  this  statute  a plat  as  to  any  part  of  a lot  may  be  vacated  by  the  owner  of 
such  plat  before  any  lots  within  the  plat  are  sold  or,  after  the  lots  have  been  sold,  by 
the  owners  in  such  part  joining  in  the  vacation;  Chi.  Anderson  P.  B.  Co.  v.  Chicago 
138  111.,  632. 

5.  The  rights  of  the  proprietors  of  lots  included  in  a plat  § (685)  are  legal  rights. 
Such  parties  can  not,  therefore,  be  affected  by  the  closing  of""  streets  not  adjacent  to 
their  property  nor  directly  affording  access  thereto  or  egress  therefrom;  Chi.  Ander- 
son P.  B.  Co,  V.  Chicago,  138  111.  632. 

6.  The  owner  of  two  lots  in  a city  addition,  by  his  deed,  duly  executed,  declared 
that  he  vacated  the  plat  of  such  lots  and  a strip  of  land  lying  immediately  south  of 
the  lots,  which  had  been  laid  out  as  a public  street  by  the  city  authorities.  It,  also, 
appeared  that  he  owned  the  lots  lying  immediately  south  of  the  strip.  The  deed 
operated  as  a vacation  of  the  plat  of  the  lots  and  the  strip  of  land;  Chi.  A.  P.  Brick 
Co.  Chicago,  138  111.,  631. 

686.  Canceling  plat  .of  record.]  § 8.  When  any  plat  or  part 
thereof  is  vacated,  tlie  recorder  in  wliose  office  the  plat  is  recorded  shall, 
upon  the  recording  of  such  vacation,  write  in  plain  letters  across  the 
plat  or  part  so  vacated  the  word  “ vacated  and  shall  also  make  a 
reference  on  the  same  to  the  volume  and  page  in  which  the  instrument 
of  vacation  is  recorded. 

687.  Plats  of  highways  etc.  to  be  made  and  recorded.]  § 9. 

Whenever  any  highway,  road,  street,  alley,  public  ground,  toll  road, 
railroad  or  canal  is  laid  out,  located,  opened,  widened  or  extended,  or 
the  location  thereof  altered,  it  shall  be  the  duty  of  the  commissioners, 
authorities,  officers,  persons  or  corporations,  public  or  private,  laying  out, 
locating,  opening,  widening,  extending  or  altering  the  same,  to  cause  a 
plat  thereof  showing  the  width,  courses  and  extent  thereof,  and  making 
such  reference  to  known  and  established  corners  or  monuments  that  the 
location  thereof  may  be  ascertained,  to  be  made,  and  recorded  in  the 
office  of  the  recorder  of  the  county  in  which  the  premises  taken  or 
used  for  the  same,  or  any  part  thereof,  are  situated,  within  six  months 
after  such  highway,  road,  street,  alley,  public  ground,  toll  road,  railroad 
or  canal  is  laid  out,  located,  opened,  widened  or  extended,  or  the  loca- 
tion thereof  altered  ; and,  when  any  highway,  road,  street,  alley,  public 
ground,  toll  road,  railroad  or  canal  is  vacated,  the  order,  ordinance  or 
other  declaration  vacating  the  same  shall  be  in  like  manner  recorded. 
This  act  shall  not  be  construed  to  alter  or  affect  anj^  law  specifically 
providing  for  the  recording  of  any  such  plat,  or  to  require  the  same  to 
be  recorded  sooner  than  is  so  specifically  provided ; except  that  any  re- 
quirements to  record  such  plat  in  any  other  place  than  is  provided  herein 


310 


Policeman’s  and  Fireman’s  Funds. 


shall  not  excuse  the  parties  from  complying  with  this  act.  Whoever 
shall  refuse  or  neglect  to  comply  with  this  section  shall  forfeit  $25,  and 
the  like  sum  for  every  month  he  shall  continue  in  such  refusal  or  neglect 
after  conviction  therefor,  to  be  recovered  before  any  justice  of  the 
peace  of  the  county,  in  the  name  of  the  county,  one7half  to  the  use  of 
the  county  and  the  other  half  to  the  use  of  the  person  complaining. 


24.  POLICEMAN’S  AND  FIREMAN’S  FUNDS. 


Section. 

688.  Relief  fund,  Low  created. 

689.  Mayor  etc.  trustees  of  fund. 

690.  Board  to  control  fund. 

691.  Treasurer  to  give  bond  for  fund. 

692.  Warrants  drawn  on  treasurer. 

693.  Permanent  disability  — death  — an- 

nuity. 

694.  Who  entitled  to  benefits. 

695.  How  money  paid  out. 

696.  Repeal. 

697.  Police  pension  fund,  how  created. 

698.  Fund  commissioners. 

699.  Who  to  be  pensioned — twenty  years’ 

service. 

700.  Physical  disability — retiring  from 

service. 

701.  Certificate  of  disability. 

702.  Death  in  performance  of  duty  or  in 

service. 

703.  Report  for  examination  — service  in 

case  of  emergency. 

704.  Pension  lost  by  crime  etc. 

705.  Board  meetings  — officers. 

706.  Powers  of  board. 

707.  Treasurer’s  report. 

708.  Beneficiaries  under  act  of  1877. 


Section. 

709.  Fireman’s  pension  fund,  how  created. 

710.  Trustees  of  fund. 

711.  Management  of  fund  — assessment 

of  members  — record  of  meetings. 

712.  Rewards,  gifts,  devises  etc. — perma- 

nent fund. 

713.  Power  of  board  to  draw  and  invest 
. fund. 

714.  When  fund  applicable. 

715.  Retirement  for  physical  or  mental 

disability. 

716.  Death  while  in  the  performance  of 

duty  etc. 

717.  Beneficiaries  under  act  of  1877. 

718.  Retirement  after  twenty-two  years 

service. 

719.  Application  of  the  act. 

720.  Custodian  of  fund — books  and  ac- 

counts— bond. 

721.  Mayor  etc.  to  draw  warrants. 

722.  Money  paid  only  on  warrants  signed 

etc. — interest  from  fund. 

723.  Report  of  condition  of  fund. 

724.  Fund  not  subject  to  levy. 

725.  Repealing  clause. 


An  act  to  amend  “ An  act  for  the  relief  of  disabled  members  of  the 
police  and  fire  departments  in  cities  and  villages”,  approved  May  24, 
1877.  In  force  July  1,  1877.  [Approved  May  10,  1879.  In  force 
July  1,1879.  L.  1879,  p.  72. 

1.  This  statute  was  intended  as  a revision  of  all  statutes  on  the  subject  embraced  in 
its  title.  It,  therefore,  repealed  charter  provisions  — in  this  case  of  Chicago  — for 
the  setting  apart  of  a portion  of  the  fire  insurance  rates  received  by  the  city;  Benev. 
Ass’n  V.  Farwell,  100  111.,  199. 

688.  Relief  fund,  how  created.]  § 1.  it  enacted  hy  the  people 
of  the  state  of  Illinois^  represented  in  the  general  assembly^  That,  sec- 
tion one  of  an  act  entitled  ‘‘  An  act  for  the  relief  ot  disabled  members 
of  the  police  and  fire  departments  in  cities  and  villages  ”,  approved  May 
twenty-fourth,  eighteen  hundred  and  seventy-seven,  in  force  J nly  one, 
eighteen  hundred  and  seventy-seven,  as  amended  by  act  approved  May 
ten,  eighteen  hundred  and  seventy-nine,  in  force  July  one,  eighteen 
hundred  and  seventy-nine,  be  and  the  same  is,  liereby,  amended  so  as 
to  read  as  follow’s  : 


Policp^man’s  and  Fireman’s  Funds. 


311 


That  one-half  of  all  the  rates,  taxes  and  license  fees  which  are,  or  may 
be  hereafter  required  by  law,  to  be  paid  by  corporations,  companies  or 
associations  not  incorporated  under  the  law’s  of  this  state,  engaged  in 
any  village  or  city  in  this  state  effecting  lire  insurance,  and  one-fourtli 
of  all  moneys  collected  as  a tax  on  dogs,  wdiere  such  city  or  village 
contains  a population  of  ten  thousand  or  more,  has  a regularly  organized 
fire  department,  by  such  city  or  village,  and  all  moneys  received  from 
lines  intiicted  upon  members  of  the  police  and  lire  departments  for  a 
violation  of  the  rules  and  regulations  of  the  service,  and  all  lines  recov- 
ered for  violation  of  the  lire  ordinances  and  all  moneys  accruing  from 
the  sale  of  unclaimed  stolen  property,  shall  be  set  apart  by  the  treasurer 
of  the  city  or  village  to  whom  the  same  shall  be  paid,  as  a fund  for  the 
relief  of  disabled  members  of  the  police  and  lire  departments  of  such 
citv  or  village.  [As  amended  by  act  approved  June  23,  1883.  In  force 
July  1,  1883.  L.  1883,  p.  59. 

689.  Mayor  etc.  trustees  of  fund.]  § 2.  The  mayor  or  presi- 
dent of  the  board  of  trustees,  the  superintendent  or  chief  officer  of 
the  police  department,  the  lire  marshal  or  chief  officer  of  the  fire 
department,  and  the  chairman  of  the  committee  on  police  and  fire 
and  w’ater,  of  the  city  council  or  board  of  trustees  of  the  city  or  village, 
wdth  the  comptroller  (if  there  be  one)  or  city  clerk  and  treasurer,  shall 
constitute  and  be  a board  by  the  name  of  the  trustees  of  the  police  and 
firemen’s  relief  fund,  and  the  treasurer  of  the  city  or  village  shall  be 
custodian  of  the  funds  of  said  police  and  firemen’s  relief  fund.  The 
said  board  shall  select  from  their  number  a president  and  secretary. 

'690.  Board  to  control  fund.]  § 3.  The  said  board  shall  have  the 
exclusive  control  and  management  of  the  fund  mentioned  in  the  first 
section  of  this  act,  and  of  all  money  donated,  paid,  or  assessed  for  the 
relief  of  disabled  policemen  or  firemen,  and  shall  have  the  powder  to 
assess  each  and  every  member  of  the  police  and  fire  department  of  such 
city  or  village,  including  all  such  persons  who,  having  become  entitled 
to  the  benefits  of  this  fund,  wdiile  such  members  of  said  police  and  fire 
departments,  have  not  forfeited  their  rights  to  share  in  such  benefits 
after  leaving  such  departments,  as  hereinafter  provided,  not  to  exceed 
the  sum  of  five  dollars  ($5)  per  annum,  which  shall  be  received  and 
held  by  the  treasurer  of  said  relief  fund,  in  like  manner  as  the  other 
moneys  herein  provided,  to  be  paid  to  him  ; and  any  person  who,  hav- 
ing become  entitled  to  the  benefits  of  this  fund,  shall  not,  within  one 
month  after  notice  in  writing  to  him  from  said  board  of  the  assessment 
against  him,  pay  the  same,  shall  not  be  entitled  to,  or  receive  any  bene- 
fits secured  to  him  under  the  provisions  of  this  act,  unless  he  shall  make 
w'ritten  application  to  tli’e  trustees  of  the  fund  to  become  a member 
thereof,  and  shall  have  by  a majority  vote  of  said  trustees  been  admitted 
to  membership  in  said  organization,  and  upon  his  making  payment  of 
all  delinquent  assessments  due  lyy  him  accruing  during  his  membership 
in  such  police  or  fire  department.  The  said  board  may  make  all  need- 
ful rules  and  regulations  for  its  government  in  the  discharge  of  its 


m 


Policeman’s  and  Fireman  s Fund. 


duties,  and  shall  hear  and  decide  all  applications  for  relief  under  this  act, 
and  its  decisions  on  such  applications  shall  be  final  and  conclusive,  and 
not  subject  to  review  or  reversal  except  by  the  board  : Provided,  that 
nothing  herein  contained  shall  render  tlie  payment  of  any  sum  of  money 
or  annuity  which  may  be  awarded  by  the  board,  obligatory  on  the  board, 
or  chargeable  against  it  as  a legal  right;  but,  the  board  may,  at  any  time 
in  its  discretion,  order  that  such  sums  of  money  or  annuity  shall  be 
reduced,  or  that  payment  of  the  same  shall  not  be  made.  The  board 
shall  cause  to  be  kept  a record  of  all  its  meetings  and  proceedings. 

691.  Treasurer  to  give  bond  for  fund.]  §4.  The  treasurer  of  the 
board  shall  be  the  custodian  of  the  fund,  in  the  first  section  of  this  act  men- 
tioned, and  all  moneys  donated,  paid,  or  assessed  toward  or  on  account 
of  the  relief  fund  hereby  created,  and  shall  secure  and  safely  keep  the 
same  subject  to  the  control  and  direction  of  the  board,  and  shall  keep 
his  books  and  accounts  in  such  a manner  as  may  be  prescribed  by 
the  board,  and  the  same  shall  always  be  subject  to  the  inspection  of 
the  board,  or  any  member  thereof.  The  treasurer  shall,  within  ten 
days  after  his  election  or  appointment,  execute  a bond  to  the  city  or 
village,  as  the  case  may  be,  with  good  and  sufficient  securities,  in  such 
penal  sum  as  the  board  may  direct,  to  be  approved  by  the  board,  con- 
ditional for  the  faithful  performance  of  the  duties  of  his  office,  and  that 
he  will  safely  keep  and  well  and  truly  account  for  all  moneys  and  pro- 
perty which  may  come  to  his  hands  as  such  treasurer,  and  that,  on  the 
expiration  of  his  term  of  office,  he  will  surrender  and  deliver  over  to 
his  successor  all  unexpended  moneys  and  all  property  which  may  have 
come  to  his  hands  as  such  treasurer.  8nch  bond  shall  be  filed  in  the 
office  of  the  clerk  of  such  city  or  village,  and  in  case  of  a breach  of  the 
same,  or  the  conditions  thereof,  suit  may  be  brought  on  the  same,  in 
the  name  of  such  city  or  village,  for  the  use  of  said  board,  or  of  any 
person  or  persons  injured  by  such  breach. 

692.  Warrants  drawn  on  treasurer.]  § 5.  It  shall  be  the  duty 
of  the  mayoi-,  and  clerk,  or  the  comptroller  if  there  be  one,  and  the 
officer  or  officers  of  such  city  or  village,  who  are  or  may  be  authorized 
by  law  to  draw  warrants  upon  the  treasurer  of  such  city  or  village,  upon 
request  made  in  writing  by  said  board,  to  draw  warrants  upon  the 
treasurer  of  such  city  or  village,  payable  to  the  treasurer  of  said  board, 
for  the  fund  set  apart  by  such  city  or  village  treasurer,  as  prescribed  by 
the  first  (1)  section  hereof. 

693.  Permanent  disability  — death— annuity.]  §6.  When,  in 
the  judgment  of  the  board,  a sufficient  amount  shall  have  accumulated 
in  said  fund  to  justify  the  application  thereof  to  the  use  for  which  the 
same  is  hereby  created,  if  any  member  of  the  police  or  fire  departments, 
while  in  the  actual  performance  of  duty  or  other  person  entitled  to  the 
benefits  of  this  fund  as  hereinafter  provided,  shall  become  permanently 
disabled,  so  as  to  render  proper  his  retirement  from  membership,  a sum 
not  exceeding  six  hundred  dollars  ($600)  per  annum,  or  such  less  sum  as, 
in  the  judgment  of  the  board,  the  fund  will  justif}%  shall  be  paid  to  such 
member  out  of  said  fund  ; or  if  any  member,  while  in  the  actual  dis- 


Policeman’s  and  Fireman’s  Fund. 


313 


charge  of  duty,  shall  be  killed,  or  shall  die  from  the  immediate  effects 
of  an  injury  received  by  him  while  in  such  dischai’ge  of  duty,  or  shall 
die  after  ten  years’  service  in  the  police  or  fire  departments,  and  shall 
leave  a wddow,  or  if  no  widow,  any  child  or  children  under  the  age  of 
sixteen  (16)  years,  a sum  not  exceeding  six  liiindred  ($600)  dollars  per 
annum,  or  such  less  sum  as,  in  the  judgment  of  the  board,  the  condition 
of  the  fund  will  justify,  shall  be  paid  to  such  widow  so  long  as  she  shall 
remain  unmarried,  or  to  such  child  or  children  while  under  the  age  of 
sixteen  years. 

694.  Who  entitled  to  benefits.]  § 7.  Any  person  who  shall  have 
served  in  either  the  police  or  fire  departments  of  said  city  or  village 
for  the  full  term  of  ten  (10)  years,  and  shall  have  paid  in  to  the  fund 
hereby  provided  for  all  assessments  regularly  made  upon  hitn  by  the 
board  of  trustees  as  required  by  this  act,  and  the  regulations  of  the  said 
board  of  trustees  passed  in  pursuance  of  this  act,  and  shall  have  com- 
plied with  all  the  rules  and  regulations  lawfully  established  by  the 
board  of  trustees  in  the  same  manner  as  if  such  person  was  an  active 
member  in  said  police  or  tire  department,  may  continue  his  member- 
ship in  this  organization,  and  be  entitled  to  the  benefits  of  this  fund 
after  he  shall  have  ceased  to  be  a member  in  either  said  police  or  fire 
department,  by  complying  with  all  the  provisions  of  this  act,  relative 
to  the  payment  of  assessments  etc.,  the  same  as  prior  to  his  ceasing  to 
be  a member  of  said  departments,  and  the  widow  or  children  of  such 
person  shall  be  entitled  to  all  benefits  hereby  secured  to  other  members 
of  this  organization. 

695.  How  money  paid  out.]  § 8.  All  moneys  ordei*ed  to  be  paid 
from  said  relief  fund  to  any  person  or  persons  shall  be  paid  by  the 
treasurer  of  said  board,  onl}",  upon  warrants  signed  by  the  president  of 
the  board  and  countersigned  by  the  secretary,  and  no  warrant  shall  be 
drawn  except  by  order  of  the  board,  duly  entered  in  the  record  of  the 
proceedings  of  the  board.  In  case  the  said  relief  fund,  or  any  part 
thereof,  shall  by  order  of  the  said  board,  or  otherwise,  be  deposited  in 
any  bank,  or  loaned,  all  interest  on  money  which  may  be  paid  or  agreed 
to  be  paid,  on  account  of  any  such  loan  or  deposit,  shall  belong  to  and 
constitute  a part  of  said  fund : Provided,  that  no  thing  herein  contained 
shall  be  construed  as  authorizing  the  said  treasurer  to  loan  the  said 
fund,  or  any  part  thereof,  unless  so  authorized  by  said  board. 

696.  Repeal.]  § 9.  All  acts  or  parts  of  acts,  or  amendments  thereto, 
heretofore  enacted,  and  in  anv  manner  conflicting  with  the  provisions 
of  this  act,  are  hereby  expressly  repealed. 

An  act  to  provide  for  the  setting  apart,  formation  and  disbursement  of 

a police  pension  fund,  in  cities,  villages  and  incorporated  towns. 

[Approved  April  29,  1887.  In  force  July  1,  1887.  L.  1887,  p.  122. 

697.  Police  pension  fund — how  created.]  § 1.  Beit  enacted 
the  people  of  the  state  of  Illinois^  represented  in  the  general  assemhly^ 
That  in  each  city,  village,  or  incorporated  town  in  this  state,  having  a 
population  of  fifty  thousand  inhabitants  or  more,  there  shall  be  paid  to 


]^oliceman’s  and  Fireman’s  Fends. 


the  treasurer  thereof,  and  by  liirn  to  tlie  comptroller  (if  there  be  one), 
set  apart,  the  following  moneys,  to  constitute  a police  pension  fund,  viz.: 
viz.: 

First  — Tw’o  ])er  centum  of  all  money’s  received  from  licenses  for  the 
kee])ing  of  saloons  oi‘  dram  shops.  ^ 

Second  — Three-fourths  of  all  moneys  received  for  taxes  or  from 
licenses  upon  dogs. 

Third  — All  moneys  received  from  fines  im])osed  upon  members  of 
the  police  force  of  said  city,  village,  or  town,  for  violation  of  the  rules 
and  regulations  of  the  police  department. 

Fourth  — All  proceeds  of  sales  of  unclaimed  stolen  ])roperty. 

Fifth  — One-fourth  of  all  moneys  received  from  licenses  granted  to 
j^awnbrokers,  second  hand  dealers  and  junk  stores. 

Sixth  — All  moneys  received  as  fees  and  from  tines  for  carrying  con- 
ce  iled  weapons. 

Seventh  — One-lialf  of  all  costs  collected  in  money  for  violation  of 
city  ordinances. 

Eighth  — All  rewards  given  or  paid  to  members  of  such  police  force ; 
except  such  as  shall  be  excepted  by  the  chief  officer  of  police. 

Ninth  — One  per  centum  per  month,  which  shall  be  paid  by,  or 
deducted  from  the  salary  of  each  and  eveiy  member  of  the  police  force 
of  such  city,  village  or  towm  : Provided,  no  such  member  shall  be  com- 
pelled to  pay  more  than  two  dollars  per  month  from  his  salary. 

698.  Fund  commissioners.]  g 2.  The  president  of  the  board  of 
trustees,  the  comptroller,  the  city,  village  or  town,  clerk,  the  superin- 
tendent or  chief  olticer,  or,  in  his  absence  or  inability  to  act,  then,  the 
officer  next  in  authority  to  him  of  the  police  department,  the  city,  vil- 
lage or  town,  treasui’er,  and  the  city,  village  or  town,  attorney  of  any 
such  city,  village  or  town,  shall  ex  officio  be  and  constitute  a board  of 
commissioners,  to  provide  fur  the  disbursement  of  said  fund  or  funds 
and  designate  the  beneficiaries  thereof  as  herein  directed,  which  board 
shall  be  known  as  the  board  of  police  pension  fund  commissioners  of 
such  city,  village  or  town. 

699.  Who  to  be  pensioned  — twenty  years’  service  etc.]  §3. 

Whenever  any  person,  at  the  time  of  the  taking  effect  of  this  act  or 
thereafter,  shall  have  been  duly  appointed  and  sworn,  and  have  served 
for  the  period  of  twenty  years  or  more,  upon  the  regularly  constituted 
police  force  of  any  such  city,  village  or  town  of  this  state,  which  now 
is,  or  hereafter  may  be,  subject  to  the  provisions  of  this  act,  said  board 
shall  order  and  direct  that  such  person  shall,  after  becoming  fifty  years 
of  age,  and  his  service  upon  such  police  force  shall  have  ceased,  be  paid 
from  such  fund  a yearly  pension  equal  to  one-half  the  amount  of  the 
salary  attached  to  the  rank  which  he  may  have  held  on  said  police  force 
for  one  year  next  preceding  the  expiration  of  said  term  of  twenty  years. 

700.  Physical  disability  — retiring  from  service.]  § 4.  When- 
ever any  person,  while  serving  as  a policeman  in  any  such  city,  village 
01  town,  shall  become  physically  disabled  while  in,  and  in  consequence 
of,  the  performance  of  his  duty  as  such  policeman,  said  board  shall  upon 


Policeman’s  and  Fireman’s  Funds. 


315 


liis  written  request,  oi'  without  such  request  if  it  deem  it  for  the  good 
of  said  police  force,  retire  such  person  from  active  service,  and  order 
and  direct  that  he  be  paid  frorh  said  fund  a yearly  pension,  not  exceed- 
ing one-half  the  amount  of  the  salary  attaclied  to  the  rank  which  he 
may  have  held  on  said  police  force  for  one  year  next  preceding  such 
retirement : Provided,  that  whenever  such  disability  shall  cease  such 

pension  shall  cease. 

701.  Certificate  of  disability.]  § 5.  N’o  person  shall  be  retired  as 
provided  in  the  next  preceding  section,  or  receive  any  benefit  from  said 
fund,  unless  there  shall  he  tiled  with  said  board  certificates  of  his  dis- 
ability, wdiicli  certificates  shall  be  subscribed  and  sw’orn  to  by  said  per- 
son and  by  the  police  surgeon  (if  there  be  one)  and  two  practicing 
physicians  of  such  city,  village  or  town  ; and,  such  board  may  require 
other  evidence  of  disability  before  ordering  such  retirement  and  pay- 
ment as  aforesaid. 

702.  Death  in  performance  of  duty  or  in  service.]  § 6.  Whenever 

any  member  of  the  police  force  of  such  city,  village  or  town,  shall  lose 
his  life  wdiile  in  the  performance  of  his  duty,  or  receive  injuries  from 
which  he  shall  thereafter  die,  leaving  a widow  or  child  or  children  under 
the  age  of  sixteen  years,  then,  upon  satisfactory  proof  of  such  facts  made 
to  it,  such  board  shall  order  and  direct  that  a yearly  pension,  equal  to 
one-half  the  amount  of  the  salaiT  attached  to  the  rank  which  such  mem- 
ber held  on  said  ])olice  force  at  the  time  of  his  death,  shall  be  paid  to 
such  widow  during  her  life,  or  if  no  widow,  then  to  such  child  or  chil- 
dren, until  they  shall  be  sixteen  years  of  age:  Provided,  if  such  widow 

or  child,  or  children,  shall  marry,  then  such  persons  so  marrying  shall 
thereafter  receive  no  further  pension  from  such  fund.  Wlienever  any 
member  of  the  police  force  shall  die  after  ten  years’  service  therein,  and 
while  still  in  service  of  such  city,  village  or  town,  as  such  policeman, 
leaving  a widow,  or  child  or  children  under  the  age  of  sixteen  years, 
then,  upon  sati^factory  proof  of  such  facts  made  to  it,  said  board  may 
order  and  direct  that  such  pension  as  said  board  may  deem  proper,  not 
exceeding  one-half  the  amount  of  the  salary  attached  to  the  rank  which 
he  held  at  the  time  of  his  death,  shall  be  paid  to  such  widow,  or  if  there 
be  no  widow,  then  to  such  child  or  children,  until  they  shall  be  sixteen 
years  of  age,  said  ])ension  to  cease  upon  marriage,  as  provided  above. 

703.  Report  for  exmination  — service  in  cases  of  emergency.] 
§ 7.  Any  person  retired  for  disability,  under  this  act,  may  be  summoned 
to  appear  before  the  board,  herein  provided  for,  at  any  time  thereafter, 
and  shall  submit  himself  thereto  for  examination  as  to  his  fitness  for 
duty,  and  shall  abide  the  decision  and  order  of  such  board  with  refer- 
ence thereto.  And,  all  members  of  the  police  force  who  may  be  retired 
under  the  provisions  of  this  act,  except  those  who  voluntarily  retire  after 
twenty  years’  service,  shall  report  to  the  chief  of  police  of  the  city,  vil- 
laiie  or  town  where  so  retired,  on  the  second  Tuesday  of  each  and  every 
month  and,  in  cases  of  emergency,  may  be  assigned  to  and  shall  ])erform 
such  duty  as  said  chief  of  police  may  direct,  and  such  persons  shall  have 
no  claim  against  the  city,  village  or  town,  for  payment  for  such  duty  so 
performed. 


31f) 


Policeman’s  and  Fireman’s  Funds. 


704.  Pension  lost  by  crime  etc.]  § 8.  Whenever  any  person  who 
shall  have  received  any  benelit  from  said  fund  shall  be  convicted  of 
any  crime  or  misdemeanor,  or  shall  become  an  lialjitual  drunkard,  or 
shall  become  a non  resident  of  this  state,  or  shall  fail  to  re})ort  himself 
for  examination  for  duty  as  required  herein,  unless  excused  by  the  board, 
or  shall  disobey  the  requirements  of  said  board,  under  this  act,  in  re- 
spect to  said  examination  or  duty,  then,  such  board  shall  order  that  such 
pension  allowance  as  may  have  been  granted  to  such  person  shall  imme- 
diately cease  and  determine,  and  such  person  shall  receive  no  further 
[)ension,  allowance  or  benefit,  under  this  act. 

705.  Board  meetings — officers.]  §9.  The  board  herein  provided 
for  shall  hold  (piarterly  meetings  on  the  second  Tuesdays  of  April,  July, 
October  and  January  of  each  year,  and  upon  the  call  of  its  president ; 
it  shall  select  from  its  members  a president  and  secretary,  who  shall  hold 
such  respective  positions  until  their  successors  are  elected ; it  shall  issue 
certificates,  signed  by  its  president  and  secretary,  to  the  persons  entitled 
thereto,  of  the  amount  of  money  ordered  paid  to  such  persons  from  such 
fund  by  said  board,  which  certificates  shall  state  for  what  purpose  such 
payment  is  to  be  made  ; it  shall  keep  a record  of  all  its  proceedings, 
which  record  shall  be  a public  record  ; it  shall  on  the  Tuesday  named 
above,  or  at  each  quarterly  meeting,  send  to  the  treasurer  of  its  city, 
village  or  town,  and  to  the  comptroller,  or  city,  village  or  town  clerk, 
a written  or  printed  list  of  all  persons  entitled  to  payments,  from  the 
fund  herein  provided  for,  stating  the  amount  of  such  payments  and  for 
what  granted,  as  ordered  by  such  board,  which  list  shall  be  certified  and 
signed  by  the  president  and  secretary  of  such  board,  and  by  the  secretary 
thereof,  attested  under  oath.  A majority  of  all  the  members  of  said 
board  shall  constitute  a quorum,  and  have  power  to  transact  business  : 
Provided,  that  no  resolution  shall  be  passed,  or  order  made  by  such  board, 
for  the  payment  of  money,  unless  by  the  affirmative  vote  of  a majority 
of  all  the  members  thereof. 

706.  Powers  of  board.]  § 10.  The  board  herein  provided  for 
shall,  in  addition  to  other  powers  herein  granted,  have  power: 

First  — To  compel  witnesses  to  attend  and  testify  before  it,  upon  all 
matters  connected  with  the  operation  of  this  act,  in  the  same  manner 
as  is  or  may  be  ])rovided  by  law  for  the  taking  of  testimony  before 
masters  in  chancery,  and  its  president,  or  any  member  of  said  board, 
may  administer  oaths  to  such  witnesses. 

1.  See  § 534,  note  2,  p.  241. 

Second  — To  appoint  a clerk  and  define  his  duties. 

Third  — To  provide  for  the  payment  from  said  fund  of  all  its  neces- 
sary expenses,  including  clerk  hire,  printing  and  witness  fees:  Provi- 
ded, that  no  compensation  or  emolument  shall  be  paid  to  any  member 
of  said  board  for  any  duty  required  or  performed  under  this  act. 

Tonrth  — To  make  all  needful  rules  and  regulations  for  its  guidance 
in  conformity  with  the  provisions  of  this  act. 


Policeman’s  and  Fireman's  Funds. 


317 


707.  Treasurer’s  report.]  § 11.  On  the  third  Tuesday  of  April  of 
each  year  the  treasurer  of  every  such  city,  village  or  town  shall  make  a 
sworn  report  to  the  board  herein  provided  fur,  and  to  the  mayor  and 
city  council  of  such  city,  or  the  president  of,  and  the  board  of  trustees 
of  such  city,  village  or  town,  of  all  moneys  received  and  paid  out  by 
him  on  account  of  said  fund,  during  the  previous  year,  and  of  the 
amount  of  said  fund  then  in  his  hands;  and,  all  surplus  of  said  funds 
then  remaining  in  his  hands,  exceeding  the  average  amount  per  year 
paid  out  by  him  on  account  of  said  fund  during  the  three  years 
next  preceding,  shall  be  by  him  transferred  to,  and  become  a part  of, 
the  funds  of  every  such  city,  village  or  town,  and  no  longer  under 
the  control  of  said  board  or  subject  to  its  order,  and  whenever  this  act 
shall  take  effect  in  any  such  city,  village  or  town,  the  treasurer  thereof 
shall  give  a new  bond  the  same  as  now  is,  or  hereafter  may  be,  required 
by  law,  which  new  bond,  when  so  given  and  the  sureties  thereon,  shall 
be  for  the  security  of  such  fund,  the  same  as  other  funds  belonging  to 
any  such  city,  village  or  town.  Payments  provided  for  in  this  act 
shall  be  made  by  such  treasurer  quarterly,  upon  |)roper  vouchers. 

708.  Beneficiaries  under  act  of  1877.]  § 12.  All  members  of  the 

police  force,  and  any  widow  or  child  or  children  of  such  members  of 
any  such  city,  village  or  town,  who,  upon  taking  effect  of  this  act,  shall 
be  entitled  to  receive  any  benefit  under  an  act  entitled  An  act  to 
amend  an  act  for  the  relief  of  disabled  members  of  the  police  and  fire 
departments  in  cities  and  villages”,  approved  May  twenty-fourth, 
eighteen  hundred  andseventv-seven,  in  force  July  first,  eighteen  hundred 
and  seventy-seven,  as  amended  by  act  approved  May  tenth,  eighteen 
hundred  and  seventy-nine,  in  force  July  first,  eighteen  hundred  and 
seventy-nine,  shall  receive  no  payments  or  benefits  under  said  act,  but 
shall,  in  lieu  thereof,  be  entitled  to  the  benefits  provided  for  in  this  act. 
But,  if,  at  any  time,  there  shall  not  be  sufficient  moneys  belonging  to 
such  fund  to  pay  the  allowances  of  such  board  to  its  beneficiaries,  then 
they  shall  be  paid  pro  rata  from  such  fund,  but  no  allowance  or  order 
of  such  board  shall  be  held  to  create  any  liability  against  any  such  city, 
village  or  town,  except  upon  the  fund  so  set  apart  as  aforesaid  for  the 
payment  thereof. 

An  act  to  create  a board  of  trustees  of  the  firemen’s  pension  fund  ; to 
provide  and  distribute  such  fund  for  the  pensioning  of  disabled  fire- 
men, and  the  widows  and  minor  children  of  deceased  firemen  ; to 
authorize  the  retirement  from  service  and  the  pensioning  of  mem- 
bers of  the  fire  department,  and  for  other  purposes  connected  there- 
with, in  cities,  villages  or  incorporated  towns  whose  population  ex- 
ceeds fifty  thousand  inhabitants,  having  a paid  fire  department. 
[Approved  May  13,  1887.  In  force  July  1,  1887.  L.  1887,  p.  117. 

709.  Fireman’s  pension  fund,  how  created— treasurer.]  § 1. 
Be  it  enacted  hy  the  peoyyle  of  the  state  of  Illinois^  represented  in  the 
general  assembly.  That,  in  all  cities,  villages  or  incorporated  towns 
whose  population  exceeds  fifty  thousand,  having  a paid  fire  department, 


I’OUCEMAN’s  and  FlIiEMAN’s  FUNDS. 


:us 


one  (1)  per  centum  of  all  revenues  collected  or  received  bj  such  cities, 
villages  or  incorporated  towns  from  licenses  issued  by  such  cities,  vil- 
lages  or  incorpoi-ated  towns,  shall  be  set  apart  by  the  treasurer  of  such 
cities,  villages  or  incorporated  towns,  to  whom  the  same  shall  be  paid, 
as  a fund  for  the  ])ensioning  of  disabled  and  su])erannuated  members 
of  the  fire  departments,  and  of  the  widows  and  orphans  of  deceased 
members  of  the  fire  de])artments  of  such  cities,  villages  and  incorpora- 
ted towns.  The  treasurers  of  such  cities,  villages  or  incorporated 
towtis  shall  be  ex  officio  treasurers  of  such  fund. 

710.  Trustees  of  fund.]  § 2.  The  treasurer,  clerk,  attorney,  mar- 
shal or  chief  officer  of  the  fire  department,  and  the  comptroller  of  such 
city,  village  or  incorporated  town,  shall  constitute  and  be  a board  by 
the  name  of  the  “ Board  of  Trustees  of  the  Firemen’s  Pension  Fund 
The  said  board  shall  select  from  their  number  a president  and  secre- 
tary : Provided,  that  in  villages  and  incorporated  towns  the  ‘‘  Board  of 
Trustees  of  the  I"i remen’s  Pension  Fund”  shall  consist  of  the  presi- 
dent of  the  board  of  trustees,  the  town  or  village  clerk,  the  town  or 
village  attorney  and  the  chief  officer  of  the  fire  department. 

711.  Management  of  fund  — assessment  of  members  — record 
of  meetings.]  3.  The  said  board  shall  have  exclusive  control  and 
management  of  the  fund  mentioned  in  the  first  section  of  this  act,  and 
of  all  money  donated,  paid  or  assessed  for  the  relief  or  pensioning  of 
disabled,  superannuated  and  retired  members  of  the  fire  departments, 
their  widows  and  minor  children,  and  shall  assess  each  member  of  the 
fire  department  not  to  exceed  one  per  centum  of  the  salary  of  such 
Tueraber,  to  be  deducted  and  withheld  from  the  monthly  pay  of  each 
member  so  assessed,  the  same  to  be  placed  by  the  treasurer  of  such  city, 
village  or  incorporated  town,  who  shall  be  ex  officio  treasurer  of  such 
board,  to  the  credit  of  such  fund,  subject  to  the  order  of  such  boai’d. 
The  said  board  shall  make  all  needful  rules  and  regulations  for  its 
government  in  the  discharge  of  its  duties,  and  shall  hear  and  decide  all 
applications  for  relief  or  pensions  under  this  act,  and  its  decisions  on 
such  applications  shall  be  final  and  conclusive  and  not  subject  to  review 
or  reversal,  except  by  the  board.  The  board  shall  cause  to  be  kept  a 
record  of  all  its  meetings  and  proceedings.  [As  amended  by  act 
approved  March  28,  1889.  In  force  July  1,  1889.  L.  1889,  p.  80. 

712.  Rewards,  gifts,  devises  etc. — permanent  fund.]  All 
i-ewards  in  moneys,  fees,  gifts  and  emoluments  that  may -be  paid  or 
given  for  or  on  account  of  extraordinary  services  by  said  fire  depart- 
ment, or  any  member  thereof  (except  when  allowed  to  be  retained  by 
said  member,  or  given  to  endow  a medal  or  other  permanent  or  com- 
petitive award),  shall  be  paid  in  to  said  pension  fund.  The  said  board 
of  trustees  may  take  by  gift,  grant,  devise  or  bequest,  any  money,  real 
estate,  personal  property,  right  of  property  or  other  valuable  thing,  the 
annual  income  of  which  shall  not  exceed  one  hundred  thousand  dollars 
(,$100,000)  in  the  whole;  and,  such  money,  real  estate,  pei'sonal  propeity, 
right  of  property  or  other  valuable  thing  so  obtained  (also  all  fines  and 
penalties  imposed  U])on  members  of  such  fire  department)  shall,  in  like 


Policeman’s  and  Fireman’s  Funds. 


31!) 


manner,  be  paid  in  to  said  pension  fund  and  treated  as  a part  thereof 
(for  the  uses  of  such  pension  fund) : Provided,  that  the  sum  of  two 
hundred  thousand  dollars  ($200,000),  which  may  he  received  and  accu- 
mulated, shall  be,  when  so  received  and  accumulated,  retained  as  a 
permanent  fund,  and  thereupon  and  thereafter  the  annual  income  may 
be  made  available  for  the  uses  and  purposes  of  such  pension  fund.  [As 
amended  by  act  approved  March  28,  1889.  In  force  July  1,  1889. 
L.  1889,  p.  80. 

713.  Power  of  board  to  draw  and  invest  fund.]  § 5.  The  said 
board  of  trustees  shall  have  power  to  draw  such  pension  fund  from  the 
treasury  of  such  city,  village  or  incorporated  town,  and  may  invest 
such  fund,  or  any  part  thereof,  in  the  name  of  the  “ Board  of  Trustees 
of  the  Firemen’s  Pension  Fund  ”,  in  interest  bearing  bonds  of  the 
United  States,  of  the  state  of  Illinois,  of  any  county  of  this  state,  or  of 
any  township  or  any  municipal  corporation  of  the  state  of  Illinois. 
And,  all  such  securities  shall  be  deposited  with  the  treasurer  of  said 
city,  village  or  incorporated  town  as  ex  officio  treasurer  of  said  board, 
and  shall  be  subject  to  the  order  of  said  board. 

714.  When  fund  applicable.]  § 6.  The  interest  received  from  any 
such  investment  of  said  fund,  after  said  fund  shall  have  reached  the 
sum  of  two  hundred  thousand  dollars,  shall  be  applicable  to  the  pay- 
ment of  pensions  under  this  act.  And,  when  such  interest  shall  become 
so  applicable,  it  shall  be  in  the  powei*  of  the  council  of  said  city,  village 
or  incorporated  town  to  diminish  such  annual  rate  of  one  (1)  per  centum 
from  licenses,  so  that  said  income  from  interest  and  from  licenses  shall 
meet  the  requirements  of  the  pension  lists,  as  provided  by  this  act. 

715.  Retirement  for  physical  or  mental  disability.]  § 7.  If 
any  member  of  the  fire  department  of  any  such  city,  village,  or  incor- 
porated town,  shall,  Avhile  in  the  performance  of  his  duty,  become  and 
be  found,  upon  an  examination  by  a medical  officer  ordered  by  said 
board  of  trustees,  to  be  physically  or  mentally  permanently  disabled, 
by  reason  of  service  in  such  department,  so  as  to  render  necessary  his 
retirement  from  service  in  said  lire  department,  said  board  of  trustees 
shall  retire  such  disabled  member  from  service  in  such  tire  department : 
Provided,  no  such  retirement  on  account  of  disability  shall  occur  unless 
said  member  has  contracted  said  disability  wiiile  in  the  service  of  such 
fire  department.  Upon  such  retirement,  the  said  board  of  trustees 
shall  order  the  payment  to  such  disabled  member  of  such  fire  depart- 
ment, monthly,  from  said  pension  fund,  a sum  equal  to  one-half  the 
monthly  compensation  allowed  to  such  member  as  salary  at  the  date  of 
his  retirement.  [As  amended  by  act  approved  March  28,  1889.  In 
force  July  1,  1889.  L.  1889,  p.  80. 

716.  Death  while  in  the  performance  of  duty  etc.]  § 8.  If  any 
member  of  such  tire  department  shall,  while  in  the  performance  of  his 
duty,  be  killed  or  die,  as  the  result  of  an  injury  received  in  the  line  of 
his  duty,  or  of  any  disease  contracted  by  reason  of  his  occupation,  or  it 
any  member  of  such  fire  department  shall,  while  in  said  service,  die 
from  any  cause  while  in  said  service,  or  during  retirement,  or  after 


POMCKMAX’S  AND  FlIiEMAX’S  FeNDS. 


retirement  after  twenty-two  years’  service,  as  hereinafter  provided,  and 
shall  leave  a widow,  minor  child  or  minor  children  under  sixteen  years 
of  a^e,  siirvivirjg,  said  board  of  trustees  shall  direct  the  payment  from 
said  pension  fund  of  the  following  sums  monthly,  to  wit:  To  such 
widow,  while  unmarried,  thii’ty  dollars;  to  the  guardian  of  such  minor 
child  or  children,  six  dollars  for  each  of  said  children  until  it,  or  they, 
reach  the  age  of  sixteen  3’ears : Provided,  however,  that  there  shall  not 
1)0  paid  to  a family  of  a deceased  member  a total  ]>ension  exceeding 
one-half  the  amount  of  the  monthly  salary  of  such  deceased  member  at 
the  time  of  his  decease;  or,  if  a retired  member,  a sum  not  exceeding 
one-half  the  amount  of  the  monthly  salary  of  such  retired  member  at 
the  date  of  his  retirement.  If,  at  any  time,  there  shall  not  be  sufficient 
money  in  such  pension  fund  to  pay  each  person  entitled  to  the  benefits 
thereof  the  full  amount  per  month,  as  hereinbefore  provided,  then,  and 
in  that  event,  an  equal  per  centage  of  such  monthly  payments  shall  be 
made  to  each  beneficiary  thereof,  until  the  said  fund  shall  be  replenished 
to  warrant  the  payment  in  full  to  each  of  said  beneficiaries.  [As  amended 
by  act  a])proved  March  28,  1889.  In  force  July  1,  1889  L.  1889,  p.  80. 

717.  Beneficiaries  underact  of  1877.]  § 9.  Tlie  widows  and  orphans 
of  deceased  firemen  and  retired  members  of  the  fire  department,  who 
are  now  entitled  to  pension  or  annuity  under  the  provisions  of  an  act 
entitled  “ An  act  for  the  relief  of  disabled  members  of  the  police  and 
fire  departments  in  cities  and  villages”,  approved  May  twenty-four,  eigh- 
teen hundred  and  seventy-seven,  as  amended,  shall  be  entitled  to  the 
benefits,  pensions  and  annuities  provided  for  by  this  act : Provided,  such 
persons  shall  thereupon  cease  to  receive  pensions,  relief  or  benefits  under 
said  act  of  May  twenty-four,  eighteen  hundred  and  seventy-seven. 

718.  Retirement  after  twenty-two  years’ service.]  § 10.  Any 
member  of  the  fire  department  of  any  such  city,  village  or  incorporated 
town,  after  becoming  fifty  years  of  age  and  having  served  twenty-two 
years  or  more  in  such  fire  department,  of  which  the  last  two  years  shall  be 
continuous,  may  make  application  to  be  relieved  from  such  fire  depart- 
ment, or  if  he  shall  be  discharged  from  such  fire  department,  the  said 
board  of  trustees  shall  order  and  direct  that  said  person  shall  be  paid  a 
monthly  pension  equal  to  one-half  the  amount  of  salary  attached  to  the 
rank  which  he  may  have  held  in  said  fire  department  at  the  date  of  his 
retirement  or  discharge ; and  the  said  board,  upon  the  recommendation 
of  the  fire  marshal  or  chief  officer  of  any  fire  department,  provided  for 
in  this  act,  shall  have  the  power  to  assign  members  of  the  fire  depart- 
ment retired  or  drawing  pensions,  under  this  act,  to  the  performance  of 
light  duties  in  such  fire  department  in  case  of  extraordinary  muergencies. 
After  the  decease  of  such  member,  his  widow  or  minor  child  or  chil- 
dren under  sixteen  years  of  age,  if,  any  surviving  him,  shall  be  entitled 
to  the  pension  provided  for  in  this  act ; but,  no  thing  in  this  or  any  other 
section  of  this  act  shall  warrant  the  payment  of  any  annuity  to  any 
widow  of  a deceased  member  of  such  fire  department  after  she  ehall 
have  remarried.  [As  amended  by  act  approved  March  28,  1889.  In 
force  July  1,  1889.  L.  1889,  p.  80. 


Policeman’s  and  Fireman’s  Fends. 


321 


719.  Application  of  the  act.]  § 11.  Tliis  act  shall  apply  to  all  per- 
sons who  are  now,  or  shall  hereafter  become,  members  of  such  fire  de- 
partments, and  all  such  persons  shall  be  eligible  to  the  benefits  secured 
by  this  act. 

720.  Custodian  of  fund  — books  and  accounts  — bond.]  § 12. 

The  treasurer  of  the  board  shall  be  the  custodian  of  said  pension  fund, 
and  shall  secure  and  safely  keep  the  same,  subject  to  the  control  and 
direction  of  the  board  ; and  shall  keep  his  books  and  accounts  concern- 
ing said  fund  in  such  manner  as  may  be  prescribed  by  the  board  ; and 
the  said  books  and  accounts  shall  always  be  subject  to  the  inspection  of 
the  board  or  an}^  member  thereof.  The  treasurer  shall,  within  ten 
days  after  his  election  or  appointment,  execute  a bond  to  the  city,  vil- 
lage or  incorporated  town,  with  good  and  sufficient  securities,  in  such 
penal  sum  as  the  board  shall  direct,  to  be  approved  by  the  board,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  his  office,  and  that 
he  will  safely  keep  and  well  and  truly  account  for  all  moneys  and  pro- 
perty which  may  come  in  to  his  hands  as  such  treasurer  ; and  that  on  the 
expiration  of  his  term  of  office  he  will  surrender  and  deliver  ov^er  to  his 
successor  all  unexpended  moneys  and  all  property  which  may  have  come 
to  his  hands  as  treasurer  of  such  fund.  Such  bond  shall  be  filed  in  the 
office  of  the  clerk  of  such  city,  village  or  incorporated  town,  and  in 
case  of  a breach  of  the  same,  or  the  conditions  thereof,  suit  mav  be 
brought  on  the  same  in  the  name  of  such  city,  village  or  incorporated 
town,  for  the  use  of  said  board,  or  of  any^  person  or  persons  injured  by 
such  breach. 

721.  Mayor  etc.  to  draw  warrant.]  § 13.  It  shall  be  the  duty  of 
the  mayor,  or  the  president  of  the  board  of  trustees  and  clerk,  or  the 
comptroller,  if  there  be  one,  and  the  officer  or  officers  of  such  city,  vil- 
lage or  incorporated  town  who  are  or  may  be  authorized  by  law  to  draw" 
w-arrants  upon  the  treasurer  of  such  city^,  village  or  incorporated  town, 
upon  request  made  in  writing  by  said  board,  to  draw^  warrants  upon  the 
treasurer  of  such  city,  village  or  incorporated  town,  pay^able  to  the 
treasurer  of  said  board,  for  all  funds  in  the  hands  of  the  treasurer  of 
such  city,  village  or  incorporated  town  belonging  to  said  pension  fund. 

722.  Money  paid  only  on  warrants  signed  etc.  — interest  from 
fund.]  § 14.  All  moneys  ordered  to  be  paid  from  said  pension  fund 
to  any  person  or  persons  shall  be  paid  by  the  treasurer  of  said  board, 
only,  upon  w^arrants  signed  by  the  president  of  the  board  and  counter- 
signed by"  the  secretary  thereof;  and,  no  w’arrant  shall  be  drawn  except 
by  order  of  the  board  duly  entered  in  the  records  of  the  proceedings 
of  the  board.  In  case  the  said  pension  fund  or  any  part  thereof  shall, 
by  order  of  said  board  or  otherwise,  be  deposited  in  any  bank,  or  loaned, 
all  interest  or  money  which  may  be  paid  or  agreed  to  be  paid  on  ac- 
count of  any  such  loan  or  deposit,  shall  belong  to  and  constitute  a part 
of  said  fund : Provided,  that  no  thing  herein  contained  shall  be  con- 
strued as  authorizing  said  treasurer  to  loan  or  deposit  said  fund,  or  any 
part  thereof,  unless  so  authorized  by  the  board. 


PuHLic  Buildings. 


‘^99 

723.  Report  of  condition  of  fund.  ] § 15.  The  board  of  trustees 

shall  make  report  to  the  council  of  said  city,  village  or  incorporated 
town,  of  the  condition  of  said  ])cnsioii  fund  on  the  first  day  of  January 
in  each  and  eveiy  year. 

724.  Fund  not  subject  to  levy.]  § 16.  No  portion  of  said  pension 
fund  shall,  either  before  or  after  its  order  of  distribution  by  said  board 
to  such  disabled  members  of  said  fire  department,  or  to  the  widow  or 
guardian  of  such  minor  child  or  children,  ora  deceased  or  retired  mem- 
ber of  such  department,  be  held,  seized,  taken,  subjected  to  or  detained 
or  levied  on  by  virtue  of  any  attachment,  execution,  injunction,  writ, 
interlocutory  or  other  order  or  decree,  or  any  process  or  proceeding 
whatever  issued  out  of  or  by  any  court  of  this  state  for  the  payment  or 
satisfaction  in  whole  or  in  part  of  any  debt,  damages,  claim,  demand  or 
judgment  against  such  member,  or  his  said  widow,  or  the  guardian  of 
said  minor  child  or  children  of  any  deceased  member;  but,  the  said 
fund  shall  lie  sacredly  held,  kept,  secured  and  distributed  for  the  pur- 
pose of  pensioning  the  persons  named  in  this  act  and  for  no  other  pur- 
pose whatever. 

725.  Repealing  clause.]  § 19.  All  acts  or  parts  of  acts  incon- 
sistent with  this  act  are  hereby  repealed. 

25.  PUBLIC  BUILDINGS. 


Section.  Section. 

726.  Doors  to  open  outward.  728.  Wlieo  public  buildings  may  be  closed. 

727.  Penalty. 

An  act  to  regulate  the  means  of  egress  from  public  buildings.  [Ap- 
proved March  28,  187L  In  force  July  1,  187J.  R.  S.,  1874,  ch. 

111. 

726.  Doors  to  open  outward.]  g 1.  Be  it  enacted  hy  the  people  of 
the  state  of  Illinois^  represented  in  the  general  assembly,  That,  all  public 
buildings,  now  in  process  of  construction,  or  hereafter  to  be  built  or 
constructed,  which  may  or  shall  be  used  for  churches,  school  houses, 
operas,  theatres,  lecture  rooms,  hotels,  public  meetings,  town  halls,  or 
which  may  or  shall  be  used  for  any  purpose  whereby  a collection  of 
people  may  be  assembled  together  for  religious  worship,  amusement  or 
instruction,  shall  be  so  built  and  constructed  that  all  doors  leading  from 
the  main  hall  or  place  where  said  collection  of  people  may  be  assembled, 
or  from  the  principal  room  which  may  be  used  for  any  of  the  puriioses 
aforesaid,  shall  be  so  swung  upon  their  hinges  and  constructed  that  such 
doors  shall  open  outward  ; and,  that  all  means  of  egress  for  the  public 
from  the  main  hall  or  principal  room,  and  from  the  building,  shall  he 
by  means  of  doors  which  shall  open  outwards  from  the  main  hall  or 
building. 

727.  Penalty.]  § 2.  That,  any  person  or  persons  who  shall  fail  or 
refuse  to  comply  with  the  provisions  of  this  act  shall  be  lined  in  any 
sum  not  less  than  $100,  nor  more  than  $1,000. 


Kailroai)  Aid  and  Other  Bonds. 


823 


728.  When  public  buildings  may  be  closed.]  § 3 That,  in  all 
citieo  and  towns  having  a population  of  two  thousand  inhabitants,  and 
iip^vards,  the  mayor,  or  other  corporate  authorities  of  said  town  or  city, 
shall  be  empowered  and  he  is  hereby  authorized  to  close  and  prohibit 
all  public  buildings,  hereafter  erected,  from  being  used  in  violation  of 
this  act. 


26.  KAILKOAD  AID  AND  OTHER  BONDS. 


Section. 

729.  New  bonds  for  old  indebtedness. 

730.  Emergency. 

731.  New  bonds  may  be  issued  for  old. 

732.  Total  value  of  taxable  property  to  be 

indorsed  on  bond. 

733.  Election  — to  determine  issue  of 

bonds. 

734.  Registration. 

735.  Auditor  to  certify  rate  required. 


Section. 

736.  State  custodian  — collection  — pay- 

ment. 

737.  Money,  bow  disbursed. 

738.  When  registered  bonds  mature  and 

are  not  paid. 

739.  Entry  of  payment. 

740.  Fees  — collector’s  bond. 

741.  Bonds,  by  whom  executed. 


An  act  to  enable  counties,  cities,  townships,  school  districts,  and  other 
municipal  corporations,  to  take  up  and  cancel  outstanding  bonds 
and  other  evidences  of  indebtedness,  and  fund  the  same.  [Ap- 
proved and  in  force  March  26,  1872.  R.  S.,  1874,  ch.  118. 

729.  New  bonds  for  old  indebtedness.!  § 1.  it  enacted  hy 
the  people  of  the  state  of  Illinois^  represented  in  the  genercd  assembly ^ 
That,  in  all  cases  where  any  county,  city,  towm,  township,  school  dis- 
trict, or  other  municipal  corporation,  have  issued  l)onds  or  other  evi- 
dences of  indebtedness  for  money,  on  account  of  any  subscription  to 
the  capital  stock  of  any  railroad  company,  or  on  actoimt  of,  or  in  aid  * 
of  any  public  buildings  or  other  public  improvement,  or  for  any  other 
purposes  which  are  now  binding  or  subsisting  legal  obligations  against 
any  county,  city,  town,  township,  school  district  or  other  municipal 
corporations,  and  remaining  outstanding  and  which  are  properly  au- 
thorized by  law,  the  proper  authorities  of  any  such  county,  cit}%  town, 
township,  school  district  or  other  municipal  corporations  may,  upon 
the  surrender  of  any  such  bonds,  or  other  evidences  of  indebtedness,  or 
any  number  thereof,  issue  in  place  or  in  lieu  thereof,  to  the  holders  or 
OAvners  of  the  same,  new  bonds  or  other  evidences  of  indebtedness,  in 
such  form,  for  such  amount,  upon  such  time,  not  exceeding  the  term  of 
twenty  years,  and  drawing  such  rate  of  interest,  not  exceeding  ten  per 
cent.,  as  may  be  agreed  upon  with  such  holders  or  owmers ; and,  such 
new  bonds  or  other  evidences  of  indebtedness,  so  issued,  shall  shoAv  on 
their  face  that  they  are  issued  under  this  act : Provided,  that  the  issue 
of  such  new  bonds  in  lieu  of  such  indebtedness,  shall  first  be  authorized 
by  a vote  of  a majority  of  the  legal  voters  of  such  county,  city,  town, 
township,  school  district  or  other  municipal  corporation,  voting  either 
at  some  annual  or  special  election  of  such  municipal  corporation  ; And, 
provided,  further,  that  such  bonds,  or  other  evidences  of  indebtedness. 


Eailroad  Aid  and  Other  Bonds. 


shall  not  be  issued  so  as  to  increase  the  aggregate  indebtedness  of  such 
municipal  corporation  beyond  five  per  centum  on  the  value  of  the  tax- 
able pro})erty  therein  — to  be  ascertained  by  the  last  assessment  for 
state  and  county  taxes,  prior  to  the  issuing  of  such  bonds  or  other  evi- 
dences of  indebtedness.  No  thing  contained  in  this  act,  or  in  the  act 
to  which  this  is  an  amendment,  shall  be  held  to  repeal  or  in  anywise 
afi'ect  the  ])ower  of  the  city  of  Chicago  to  issue  new  bonds  to  an 
amount  sutficient  to  retire  and  satisfy  maturing  bonds  of  said  city,  con- 
ferred by  section  38  of  an  act  of  the  general  assembly,  approved  Feb- 
ruary 13,  1863,  amending  the  charter  of  said  city.  [As  amended  by 
act  approved  April  14,  1875.  In  force  July  1,  1875.  L.  1875,  p.  100. 

730.  Emergency.]  §2.  Whereas,  some  counties,  cities,  townships, 
and  other  municipal  corporations  in  this  state,  have  outstanding  bonds 
afid  other  evidences  of  indebtedness  that  will  soon  fall  due,  and  are 
without  any  remedy  for  renewing  or  funding  the  same,  therefore  this 
act  shall  be  in  force  from  and  after  its  passage. 

An  act  to  amend  an  act,  approved  April  27,  1877,  entitled  ‘‘  An  act  to 
amend  an  act  entitled  ‘An  act  relating  to  county  and  city  debts,  and 
to  provide  for  the  payment  thereof,  by  taxation,  in  such  counties  and 
cities,  approved  February  13,  1865,  and  to  amend  the  title  thereof’”. 
[Approved  June  1,  1879.  In  force  July  1,  1879.  L.  1879,  p.  229. 
I 1.  Be  it  enacted  Ijy  the  2?&ople  of  the  state  of  Illinois^  represented 
in  the  general  assembly^  That,  an  act,  approved  April  27,  1877,  enti- 
tled “ An  act  to  amend  an  act  entitled  ‘ an  act  relating  to  county  and 
city  debt,  and  to  provide  for  the  payment  thereof  by  taxation,  in  such 
counties  and  cities,  approved  February  13,  1865;  and  to  amend  the 
title  thereof’”,  be,  and  the  same  is  hereby  amended,  so  that  section 
two  shall  read  as  follows  : 

§ 2.  The  first  and  subsequent  sections  of  the  said  act  shall  be  as  fol- 
lows : 

731.  New  bonds  may  be  issued  for  indebtedness  in  place  of 
old  ones.]  § 1.  That  in  all  cases  where  any  county,  city,  town,  town- 
ship, school  district,  or  other  municipal  corporation,  has  issued  bonds 
or  other  evidences  of  indebtedness,  for  money,  or  has  contracted  debts, 
which  are  the  binding,  subsisting  legal  obligations  of  such  county,  city, 
town,  township,  school  district,  or  other  municipal  corporation,  and 
the  same,  or  any  portion  thereof,  remain  outstanding  and  unpaid,  it 
shall  be  lawful  for  the  proper  corporate  authorities  of  any  such  county, 
city,  town,  township,  school  district,  or  other  municipal  corporation, 
upon  the  surrender  of  any  such  bonds  or  other  evidences  of  indebted- 
ness, or  any  number  or  portion  thereof,  to  issue,  in  lieu  or  place  thereof, 
to  the  owners  or  holders  of  the  same,  new  bonds  prepared  as  hereinafter 
directed,  and  for  such  amounts,  upon  such  time  not  exceeding  twenty 
years,  payable  at  such  place,  and  bearing  such  rate  of  interest,  not  ex- 
ceeding seven  per  centum  per  annum,  as  may  be  agreed  upon  with  the 
owners  or  holders  of  such  outstanding  bonds  or  other  evidences  of 
indebtedness:  Provided,  that  bonds  issued  under  this  act,  to  mature 
within  five  years  from  their  date,  may  bear  interest  not  to  exceed  eight 


Railroad  Aid  and  Other  Bonds. 


325 


per  cent,  per  annum.  And,  it  shall  also  be  lawful  for  the  proper  cor- 
porate authorities  of  any  such  county,  city,  town,  township,  school  dis- 
trict, or  other  municipal  corporation,  to  cause  to  be  thus  issued,  such 
new  bonds,  and  sell  the  same  to  raise  money  to  purchase  or  retire  any 
or  all  of  such  outstanding  bonds  or  other  evidence  of  indebtedness  ; the 
proceeds  of  the  sales  of  such  new  bonds  to  be  expended,  under  the  di- 
rection of  the  corporate  authorities  aforesaid,  in  the  purchase  or  retir- 
ing of  the  outstanding  bonds  or  other  evidences  of  indebtedness  of  such 
county,  city,  town,  township,  school  district,  or  municipal  corporation, 
and  for  no  other  purpose  whatever.  All  bonds,  or  other  evidences  of 
indebtedness,  issued  under  the  provisions  of  this  act,  shall  show  upon 
their  face  that  they  are  issued  under  this  act,  and  the  purpose  for  which 
they  are  issued,  and  shall  be  of  uniform  design  and  style,  throughout  the 
state,  to  be  prescribed  by  the  state  auditor,  whose  imperative  duty  it 
shall  be  to  devise  and  prepare  such  uniform  style  and  draft  adapted  to 
the  classes  of  bonds  herein  provided  for,  namely  : The  first  class  to  con- 
sist of  bonds,  of  which  only  the  interest  is  payable  annually  ; the  second 
class  to  consist  of  those  of  which  the  interest  and  five  per  centum  of  the 
principal  are  to  be  paid  annually ; and,  the  third  class  to  consist  of  a 
graduated  series,  the  first  grade,  made  payable,  principal  and  interest, 
at  the  end  of  one  year  from  the  date  of  issue  ; the  second  at  the  end 
of  two  years,  and  thus  to  the  end  of  the  series,  the  class  to  be  issued 
being  at  the  option  of  the  legal  voters  expressed  as  herein  pro- 
vided. In  any  case,  the  new  bonds,  or  other  evidences  of  indebted- 
ness, authorized  to  be  issued  by  this  act,  shall  not  be  for  a greater 
sum  in  the  aggregate  than  the  principal  and  accrued  or  earned 
interest  unpaid  of  such  outstanding  bonds  or  other  evidences  of  indebt- 
edness. And,  when  such  new  bonds,  or  other  evidences  of  indebted- 
ness, shall  have  been  issued  in  order  to  be  placed  on  the  market  and  sold 
to  obtain  proceeds  with  which  to  retire  outstanding  bonds,  or  other  evi- 
dences of  indebtedness,  it  shall  be  the  duty  of  the  state  auditor,  on  the 
request  of  the  corporate  authorities  issuing  them,  and  at  the  expense 
of  the  corporation  in  whose  behalf  the  issue  is  thus  made,  to  negotiate 
the  same,  at  not  less  than  par  value  and  on  the  best  terms  which  can  be 
obtained  : Provided,  always,  that  any  such  county,  city,  town,  township, 
school  district  or  other  municipal  corporation  issuing  bonds  under  the 
provisions  of  this  act,  may,  through  its  corporate  authorities  duly  author- 
ized, negotiate,  sell  or  dispose  of  said  bonds,  or  any  part  thereof,  at  not 
less  than  their  par  value  without  the  intervention  of  the  auditor  of  state: 
And,  provided,  further,  that  no  new  bonds,  or  other  evidences  of  in- 
debtedness, shall  be  issued  under  this  act,  unless  the  same  shall  be  first 
authorized,  as  hereinafter  provided,  by  a vote  of  a majority  of  the  legal 
voters  of  such  county,  city,  town,  township,  school  district,  or  other 
municipal  corporation  voting  at  some  general  election,  or  special  elec- 
tion held  for  that  purpose. 

1.  Where  a city  is  empowered  to  borrow  money,  such  money  to  be  expended  and 
applied  in  liquidation  of  its  debts  and  in  the  useful  and  permanent  improvement  of 
such  city,  such  corporation  is  not.  thereby,  prohibited  from  funding  the  existing  debt 
and  issuing  the  necessary  evidence  thereof;  Galena  v.  Corwith,  48  111.,  423. 


»1?()  Kailuoad  Aid  and  Other  Bonds. 

3.  Where  municipal  corporations,  having  tlie  power  to  contract  debts  and  levy  and 
collect  taxes  for  their  payment,  are  authorized  to  fund  such  indebtedness"  and 
issue  new  bonds  therefor,  tlie  same  remedy  will  exist  to  (mforce  their  payment,  as  in 
the  case  of  the  old  ones;  when!  no  ])rovision  is  made  in  the  law  by  which  the  funding 
is  made  the  means  bv  which  collection  may  be  enforced;  People  v.  Lippincott,  81  111., 
193. 

732.  Total  value  of  taxable  property  to  be  indorsed  on  bond.] 

§ 2.  In  all  cases  where  any  county,  city,  town,  township,  school  district, 
or  other  niuncipal  corporation  shall  issue  any  lx)nds  or  evidences  of  in- 
debtedness, under  this  act,  it  shall  be  the  duty  of  the  county  clerk  of 
such  county,  or  other  officer  to  whom,  or  to  whose  office,  the  assessment 
rolls  for  state  taxation  of  the  property  within  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation,  are  or  shall 
be  returnable,  within  live  days  after  the  total  value  of  the  property  sub- 
ject to  taxation  therein  shall  be  returned  to  him,  to  make  out  and  trans- 
mit to  the  auditor  of  public  accounts,  to  be  filed  in  his  office,  a certificate 
settirii^  forth  the  total  value  of  all  taxable  property,  of  every  nature  and 
description,  within  such  county,  city,  town,  township,  school  district, 
or  other  municipal  corporation,  as  exhibited  by  such  assessment  ; and, 
it  shall  be  the  duty  of  the  auditor  of  public  accounts  to  place  on  the 
back  of  all  new  bonds,  or  other  evidences  of  indebtedness  issued  under 
the  provisions  of  this  act,  a certificate  setting  forth  an  aggregate  state- 
ment of  the  amount  of  valuation  of  the  taxable  property  of  the  muni- 
cipal corporation  issuing  such  new  bonds,  or  other  evidences  of  indebted- 
ness; S lid  certificate  specifically  distinguishingthe  value  of  real  estate  and 
personal  property  and  being  based  on  the  return  provided  for,  in  this 
section,  or,  if  there  should  be  no  such  return  made  by  the  county  clerk 
to  the  state  auditor,  then  based  on  an  affidavit  made  by  the  officials  of 
the  corporation  issuing  the  bonds. 

733.  Election  to  determine  issue  of  bonds.]  § 3.  It  shall  be  law- 
ful for  the  corporate  authorities  of  any  such  municipal  corporation,  or 
officers  authorized  by  law,  to  call  elections  therein,  on  the  petition  of 
ten  legal  voters  resident  therein,  to  submit  to  the  voters  thereof,  at  any 
general  or  special  election,  the  question  of  issuing  bonds  under  this  act, 
by  posting  a notice  in  ten  of  the  most  ])ublic  places  therein,  and  by 
publishing  the  same  in  the  nearest  newspaper,  twenty  days  before  said 
election,  which  notice  shall  state  the  number  and  amount  of  bonds  pro- 
posed to  be  issued  ; the  kind  or  class  thereof  as  specified  in  the  first 
section  of  the  act  of  1865  as  hereby  amended,  and  as  also  amended  by 
the  said  act  of  1877  ; the  amount  of  each  ; the  rate  of  interest,  under 
the  limitation  of  this  amendatory  act;  when  and  where  payable;  for 
what  purpose  issued,  and  the  time  and  place  when  and  where  said  elec- 
tion will  be  held.  And,  upon  like  petition  and  notice,  it  shall  be  lawful 
for  such  corporate  authorities,  or  officers,  to  submit  the  question  of  issu- 
ing bonds,  under  this  act,  at  a special  election,  which  shall  be  held  and 
conducted  in  like  manner  as  other  elections  therein.  The  ballots  shall 
read  ‘‘  For  issuing  the  bonds”,  or,  Against  issuing  the  bonds”.  If  a 
majority  of  the  votes  cast  be  “ For  issuing  the  bonds”,  the  same  shall  bo 


Kailroad  Aid  and  Otiirr  Bonds. 


;i27 


issued  in  conformity  to  the  specifications  of  said  notice.  No  tinner  con- 
tained in  this  act,  or  in  the  acts  to  which  this  is  an  amendment,  shall  be 
lield  in  repeal,  or  in  any  wise  aflfect  the  power  uf  the  city  of  Chicago, 
to  issue  new  bonds  of  said  city  cunferred  by  an  act  of  the  general  as- 
sembly, approved  February  13,  1865,  amending  the  charter  of  said  city, 
nor  to  in  anywise  affect  any  other  law  which  authorizes  municipal  cor- 
porations to  issue  bonds,  or  other  evidences  of  indebtedness,  and  which 
does  not  provide  for  the  registration  thereof. 

734.  Registration.]  §1.  Upon  the  surrender  of  any  bond,  or  other 
evidence  of  indebtedness,  under  this  act,  the  same  shall  be  indorsed, 
canceled,  and  shall,  from  time  to  time,  be  destroyed,  under  the  direction 
of  the  authority  issuing  the  same.  Upon  the  issuing  of  any  new  bond, 
or  evidence  of  indebtedness,  the  clerk,  or  other  officer,  having  custody 
of  the  records  of  the  fiscal  matters  of  such  county,  city,  town,  town- 
shi]),  school  district  or  other  municipal  corporation,  as  the  case  may  be, 
shall  make  registration  thereof  in  a book  to  be  kept  in  his  office  for 
that  purpose,  showing  the  date,  amount,  number,  class,  date  of  maturity, 
rate  of  interest  and  place  of  payment  of  such  new  bond,  or  other  evi- 
dence of  indebtedness,  and  the  description  of  the  bond  or  evidence  of 
indebtedness,  for  which,  or  for  the  purchasing  or  retiring  of  which,  the 
same  was  given,  as  nearly  as  practicable.  On  presentation  of  any  such 
new  bond  or  evidence  of  indebtedness,  issued  under  this  act,  at  the 
office  of  the  auditor  of  public  accounts,  for  registration,  the  said  auditor 
shall  cause  the  same  to  be  registered  in  his  office,  in  a book  to  be  kept 
for  that  purpose ; such  registration  shall  show-  the  date,  amount,  num- 
ber, class,  date  of  maturity,  rate  of  interest,  time  when  such  interest  is 
payable,  and  place  of  payment  of  the  principal  and  interest  of  such 
bond  or  other  evidence  of  indebtedness,  under  what  act,  by  what 
authority,  for  what  purpose  and  by  what  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation  issued,  and  the  name  of 
the  person,  or  persons,  presenting  the  same  for  registration;  and,  for 
such  registration  the  auditor  shall  be  entitled  to  a fee  of  twenty-five 
cents,  and  the  auditor  shall,  under  his  seal  of  office,  certify  upon  such 
bond  the  fact  of  such  registration,  for  which  the  auditor  shall  be  entitled 
to  a fee  of  twenty-five  cents,  sucli  fees  to  be  paid  by  the  person  or  per- 
sons desiring  such  registration  and  certificate.  No  bonds  issued  under 
this  act  shall  be  entitled  to  registration  in  the  office  of  the  state  auditor, 
until  a sworn  certificate  shall  have  been  filed  with  him,  showing  that 
all  the  requirements  of  this  act  have  been  fully  complied  with,  in  their 
issue.  In  the  case  of  county  bonds,  such  affidavits  shall  be  made  by 
the  chairman  of  the  county  board.  In  case  of  township  bonds,  by  the 
supervisor  of  such  township.  In  case  of  city  bonds,  by  the  mayor  of 
such  city;  in  case  of  town  or  village  bonds,  by  the  chairman  of  the 
town  or  village  board;  and,  in  case  of  school  district  bonds,  by  each  of 
the  directors  of  such  school  district.  Said  certificate  shall  set  forth  the 
date  of  the  election  at  which  the  people  authorized  the  issuance  of  the 
bonds,  and  shall  state  the  class,  date,  number,  amount,  rate  of  interest 
and  date  of  maturity  of  the  bonds,  the  aggregate  equalized  value  of 


JtAiLKOAi)  Aid  and  Otiieu  Bonds. 


real  property,  and  the  aggregate  equalized  value  of  personal  property 
assessed  in  such  locality,  for  the  previous  year,  together  with  any  other 
information  in  relation  thereto,  which  may  be  demanded  by  the  auditor 
of  public  accounts. 

735.  Auditor  to  certify  rate  required.]  § 5.  When  the  bonds,  or 
other  evidences  of  indebtedness  of  any  county,  city,  town,  town- 
ship, school  district  or  other  municipal  corporation,  shall  be  so  registered, 
the  auditor  of  public  accounts  shall  annually  ascertain  the  amount  of 
princi[)al  and  interest  due  and  accrued,  and  to  accrue,  for  the  current 
year,  on  all  such  bonds  and  evidences  of  indebtedness,  so  registered  in 
his  office,  and  shall,  upon  the  basis  of  the  certificate  of  the  valuation 
of  property  to  be  transmitted  to  him,  as  aforesaid,  or,  in  case  no  such 
certidcate  shall  be  transmitted  to  him  or  filed  in  his  office,  then  upon 
the  basis  of  the  total  valuation  of  the  property  in  such  county,  city, 
town,  to\ynship,  school  district  or  other  municipal  corporation,  for  the 
year  next  preceding,  estimate  and  determine  the  rate  per  centum,  upon 
the  valuation  of  such  property,  requisite  to  meet  and  satisfy  the  said 
interest  or  interest  and  principal,  as  the  case  may  be,  together  Avith  the 
ordinary  cost,  to  the  state,  of  the  collection  and  disbursement  of  the 
same,  to  be  estimated  by  the  auditor  and  state  treasurer,  and  shall  make 
and  ti-ansmit  to  the  county  cleik  of  such  county,  or  of  the  county  in 
which  such  city,  town,  township,  school  district,  or  other  municipal  cor- 
poration is  situated,  or  to  the  officer  or  authority  Avhose  duty  it  is,  or 
may  be,  to  prepare  the  estimates  and  books  for  the  collection  of  state 
taxes  in  such  county,  city,  town,  township,  school  district  or  other  muni- 
cipal corporation,  a certificate  setting  forth  such  estimated  requisite  per 
centum  for  such  purposes,  to  be  filed  in  his  office;  and,  the  said  per 
centum  shall  thereupon  be  deemed  added  to  and  a part  of  the  per  centum 
which  is  or  may  be  levied,  oi*  provided  by  law,  for  the  purposes  of  state 
revenue,  and  shall  be  so  treated  by  such  clerk,  officer  or  authority  in 
making  such  estimates  and  books  for  the  collection  of  state  taxes  ; and 
the  said  taxes  shall  be  collected  with  the  state  taxes,  and,  all  laws  relat- 
ing to  the  state  revenue  shall  apply  thereto,  except  as  herein  otherwise 
provided  : Provided,  that  it  shall  be  lawful  for  the  county  collector,  at 
any  time  before  settlement  Avith  the  state  treasurer,  to  pay  from  such 
taxes,  any  coupons  that  are  due  for  interest  that  may  be  presented  for 
payment,  and  to  pay  from  any  surplus,  not  required  for  interest  pur- 
poses, the  principal  of  any  such  bond  that  may  be  presented  for  pay- 
ment, Avhether  due  or  not,  and  in  settlement  with  the  state  treasurer 
the  county  collector  shall  be  credited  Avith  such  paid  coupons  and  bonds 
the  same  as  money. 

736.  State  custodian  — collection  — payment.]  § 6.  The  state 
shall  be  deemed  the  custodian,  only,  of  the  tax  so  collected,  and  shall 
not  be  deemed,  in  any  manner,  liable  on  account  of  such  bonds,  or 
other  evidences  of  indebtedness;  but,  the  tax  and  funds  so  collected 
shall  be  deemed  pledged  and  appropriated  to  the  payment  of  the  prin- 
cipal and  interest  of  the  registered  bonds  and  evidences  of  indebted- 


Kailroad  Aid  and  Other  Bonds. 


ness,  to  satisfy  which  the  same  is  hei’einbefore  provided  to  be  collected, 
as  aforesaid,  and  such  new  bonds  and  evidences  of  indebtedness,  issued 
under  the  authority  hereof,  shall  be  deemed  secured  and  provided  for, 
in  virtue  and  faith  hereof,  until  fully  satisfied.  The  state  shall  annually 
collect  and  apply  the  said  fund  to  the  satisfaction  of  the  interest,  or 
interest  and  portion  of  the  principal,  as  the  case  may  be,  of  such  regis- 
tered bonds,  or  evidences  of  indebtedness,  of  any  such  county,  city, 
town,  township,  school  district,  or  other  municipal  corporation,  to  the 
extent  the  same  is  herein  contemplated  to  be  derived  from  such  tax,  in 
the  same  manner  as  the  interest  on  the  bonds  of  the  state  is  or  may  be 
collected,  or  paid,  and  in  like  moneys  as  shall  be  receivable  in  payment 
of  state  taxes;  and,  inoneys  so  paid  upon  the  princi|)al  of  any  such 
bonds,  or  evidences  of  indebtedness,  shall  be  indorsed  thereon,  and  due 
receipts  therefor  shall  be  taken  and  filed  in  the  office  of  the  auditor  of 
public  accounts,  or  state  treasurer,  and  interest  coupons,  or  bonds  or 
other  evidences  of  indebtedness,  so  paid,  shall  be  returned  to  one  of 
said  officers,  and  shall  be  canceled  and  returned  to  the  corporate  authori- 
ties of  the  municipality  which  issued  the  same,  in  the  manner  now  pro- 
vided by  law. 

737.  How  money  disbursed.]  § 7.  The  state  may,  out  of  such 
fund,  first  retain  or  satisfy  the  ordinary  cost  to  the  state,  of  the  collec- 
tion and  disbursement  thereof ; and,  in  case  of  the  non-presentment  of  any 
such  bond,  or  evidence  of  indebtedness,  or  interest  coupon  of  any  such 
county,  city,  town,  township,  school  district,  or  other  municipal  corpo- 
ration, for  payment,  at  the  times  and  when  and  where  the  interest  on 
the  state  debt  is,  or  may  be  paid,  then,  on  the  beginning  of  the  next 
year,  the  moneys  by  reason  thereof  undisbursed,  together  with  any  sur- 
plus for  any  cause  remaining,  shall  be  carried  to  the  fund  of  such 
county,  city,  town,  township,  school  district  or  other  municipal  corpo- 
ration of  the  current  or  ensuing  year,  and  be  considered  by  the  auditor 
in  making  his  next  estimate  for  taxation  therein  for  such  year  under 
this  act,  and  shall  be  applied  accordingly.  All  laws  relating  to  the 
payment  of  interest  on  the  state  debt,  or  the  cancellation  of  the  evi- 
dences thereof,  not  inconsistent  with  this  act,  shall  apply  to  the  receipt, 
custody  and  disbursement  of  the  taxes  and  funds  provided  by  this  act. 

738.  When  registered  bonds  mature  and  are  not  paid.]  § 8. 
Upon  the  maturity  of  such  registered  bond,  or  other  evidence  of  in- 
debtedness, and  the  non  payment  thereof  by  the  county,  city,  town, 
township,  school  district,  or  other  municipal  corporal  ion  issuing  the 
same,  the  holder  thereof  may  cause  the  same  to  be  registered  in  the  of- 
fice of  the  auditor,  as  a matured  or  unsatisfied  bond,  or  evidence  of  in- 
debtedness, and,  thereupon,  for  the  purpose  of  providing  for  the  pay- 
ment of  the  principal  thereof,  at  the  i*ate  of  five  per  centum  of  such 
principal,  annually,  and  of  the  interest  thereon  in  arrear,  and  for  the 
current  year  to  accrue,  together  with  the  cost  to  the  state  of  the  collec- 
tion and  disbursement  thereof,  as  afoi'esaid,  the  same  proceedings,  in 
all  respects,  shall  be  had  as  is  hereinbefore  provided,  for  the  payment 


Kailkoads. 


of  the  interest  on  snoli  bonds  and  evidences  of  indebtedness:  by  the  eol* 
leetion  of  an  annual  tax  sullicient  for  the  purposes  in  the  section  con- 
templated ; and,  the  same  shall  be  collected  and  applied,  as  aforesaid,  to 
such  purpose,  from  year  to  year,  until  the  full  satisfaction  thereof, 
when  such  bonds  or  evidences  of  indebtedness  shall  be  canceled  and  re- 
turned, as  hereinbefore  provided. 

739.  Entry  of  payment.]  § 9.  Upon  the  payment  of  any  such 
reiijistered  bond,  or  evidence  of  indebtedness,  and  presentation  thereof 
to  the  auditor,  ho  shall  cause  due  entry  thereof  to  be  made  in  his  office. 

740.  Fees— collector’s  bond.]  §10.  There  shall  be  allowed  to 
the  officers  collecting  and  paying  over  the  taxes  authorized  to  be  col- 
lected under  the  provisions  of  this  act,  the  same  f^es,  or  compensation, 
as  is  or  may  be  allowed  by  law  for  collecting  and  paying  over  state  taxes, 
and  where  such  tax  is  levied,  the  bonds  of  the  collectors  thereof  shall 
be  increased  in  proportion  to  the  estimated  amount  of  such  tax  to  be 
collected. 

741.  Bonds  — by  whom  executed.]  § 11.  All  bonds  issued  under 
this  act  shall  be  executed  on  behalf  of  the  municipalities  issuing  the 
same,  by  the  following  named  officers,  viz  : On  behalf  of  counties  un- 
der the  township  organization  laws  of  this  state,  by  the  chairman  of  the 
board  of  supervisors,  and  the  clerk  of  the  county  court  attesting  the 
same  \\ith  his  signature  and  official  seal.  On  behalf  of  counties  not  un- 
der township  organization,  by  the  acting  chairman  of  the  board  of 
county  commissioners,  together  with  the  clerk  of  the  county  court  at- 
testing the  same  with  his  signature  and  official  seal.  On  behalf  of  cities, 
by  the  mayor  and  city  clerk,  together  with  the  seal  of  the  city ; on  be- 
half of  towns  organized  under  the  township  organization  law  of  this 
state,  by  the  supervisor  or  supervisors  of  such  town  (as  the  case  may  be) 
and  the  town  clerk  of  such  towns.  On  behalf  of  all  other  municipali- 
ties  hereinbefore  mentioned,  by  the  president,  chairman,  or  chief  ex- 
ecutive officer  thereof,  together  with  the  clerk  or  secretary  thereof: 
Provided,  that  no  thing  herein  contained  shall  be  so  construed  as  to  au- 
thorize the  officers  herein  mentioned  to  issue  bonds  under  this  act,  ex- 
cept upon  a majority  vote  of  the  voters,  as  hereinbefore  provided. 


27.  EAILliOADS. 


Section. 

742.  Boards  at  crossings, 

743.  Bell  and  whistle— crossing. 

744.  Starting  train  without  signal. 

745.  Approfiches  at  crossings. 

746.  Neglect  to  make  etc.  crossings  — 

notice. 

747.  When  company  neglects,  authorities 

to  construct. 

748.  Company  to  pay  expense  and  one 

hundred  dollars. 


Section. 

749.  Draw  bridge— railroad  crossing  etc. 

— stop. 

750.  Penalty. 

751.  Railroads  crossing  on  same  level  — 

requirements. 

752.  Civil  engineer  to  examine  system  — 

compensation. 

753.  Not  to  ol, struct  highways. 

754.  Speed  through  cities  etc. — damages. 

755.  Flagmen  — shelter. 

756.  Penalties. 


Railroads. 


331 


An  act  in  relation  to  fencing  and  operating  railroads.  [Approved 
March  31,  1874.  In  force  Jaly  1,  1874.  R.  S.,  1874,  cli.  114.  * 

742.  Boards  at  crossings.]  §'5.  Every  railroad  corporation  shall 
cause  boards,  well  supported  by  posts  or  otherwise,  to  be  placed  and 
constantly  maintained  upon  each  public  road  or  street,  where  the  same 
is  crossed  by  its  railroad  on  the  same  level.  Said  boards  shall  be  ele- 
vated so  as  not  to  obstruct  the  travel,  and  to  be  easily  seen  by  travel- 
ers. On  each  side  of  said  boards  shall  be  painted  in  capital  letters,  of 
at  least  the  size  of  nine  inches  each,  the  words  railroad  crossing”,  or 
“lookout  for  the  cars  This  section  shall  not  apply  to  streets  in 
cities  or  incorporated  towns  or  villages,  unless  such  railroad  corporation 
shall  be  required  to  put  up  such  boards  by  the  corporate  authorities  of 
such  cities,  towns  or  villages:  Provided,  that  when  warning  boards 
have  alrpdy  been  erected,  under  existing  laws,  the  maintenance  of  the 
same  shall  be  a sufficient  compliance  with  the  requirements  of  this  sec- 
tion. 

743.  Bell  and  whistle — crossings.]  § G.  Every  railroad  corpo- 
ration shall  cause  a bed,  of  at  least  thirty  pounds  weight,  and  a steam 
whistle  placed  and  kept  on  each  locomotive  engine,  and  shall  cause  the 
same  to  be  rung  or  whistled,  by  the  engineer  or  fireman,  at  the  dis- 
tance of  at  least  eiglity  rods  from  the  place  where  the  railroad  crosses 
or  intersects  any  public  highway,  and  shall  be  kept  ringing  or  whist- 
ling until  such  highway  is  reached. 

744.  Starting  train  without  signal.]  § 7.  If  any  engineer  on  any 
railroad  shall  start  his  train  at  any  station,  or  within  any  city,  incorpo- 
rated town  or  village,  without  ringing  the  bell  or  sounding  the  whistle 
a reasonable  time  before  starting,  he  shall  forfeit  a sum  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars,  to  be  recovered  in  an 
action  of  debt  in  the  name  of  the  people  of  the  state  of  Illinois,  and 
such  corporation  shall,  also,  forfeit  a like  sum,  to  be  recovered  in  the 
same  manner. 

745.  Approaches  at  crossings.]  § S.  Hereafter,  at  all  of  the  rail- 

road crossings  of  higliways  and  streets  in  this  state,  the  several  railroad 
corporations  in  this  state  shall  construct  and  maintain  said  crossings 
and  the  approaches  thereto,  within  their  respective  rights  of  wav,  so 
that  at  all  times  they  shall  be  safe  as  to  persons  and  property.  | 

746.  Neglect  to  make  etc.  crossings  — notice.]  § 9."  Whenever 
any  railroad  corporation  shall  neglect  to  construct  and  maintain  any  of 
its  crossings  and  approaches,  as  provided  in  section  eight  of  this  act,  it 
shall  be  the  duty  of  the  proper  public  authorities,  liaving  the  charge 
of  such  highways  or  streets,  to  notify,  in  writing,  the  nearest  agent  of 
said  railroad  corporation  of  the  condition  of  said  crossing  or  approaches 
and  direct  the  same  to  be  constructed,  altered  or  repaiied  in  such  man- 
ner as  they  shall  deem  necessary  for  the  safety  of  persons  and  property. 

747.  When  company  neglects,  authorities  to  construct  etc.] 
§ lU.  If  any  railroad  corporation  in  this  state  shall,  after  having  been 
notitied,  as  provided  in  section  nine  of  this  act,  neglect  or  refuse  to 


3:52 


Railroads. 


construct,  alter  or  repair  sucli  crossing  or  approaches,  within  thirty  days 
after  such  notice,  then  said  public  authorities  shall  forthwith  cause  such 
construction,  alteration  or  repairs  to  be  made. 

748.  Company  to  pay  expense  and  one  hundred  dollars.]  § 11. 
Said  railroad  corporation  shall  be  holden  for  all  necessaiy  expenses 
incurred  in  making  such  construction,  alteration  and  repairs  and,  in 
addition  thereto,  shall  be  liable  to  a hne  of  one  hundred  dollars  for  such 
neglect  to  comply  with  the  requirements  of  this  act,  wdiich  fine  shall 
be  enforced  by  the  said  public  authorities,  in  the  name  of  the  people  of 
the  state  of  Illinois,  before  any  court  of  competent  jurisdiction  in  the 
county.  Such  fine,  wdien  collected,  to  be  paid  in  to  the  treasury  of  the 
authorities  enforcing  the  fine. 

749.  Draw  bridge  — railroad  crossing  etc,  — stop.]  § 12.  All 

trains  running  on  any  railroad  in  this  state,  wdien  approaching  a cross- 
ing with  another  railroad  upon  the  same  level,  or  when  approaching  a 
swing  or  draw  bridge,  in  use  as  such,  shall  be  brought  to  a full  stop 
before  reaching  the  same,  and  within  eight  hundred  (800)  feest  therefrom, 
and  the  engineer  or  other  pei’son  in  charge  of  the  engine  attached  to 
the  train  sliall  positively  ascertain  that  the  way  is  clear  and  that  the 
train  can  safely  resume  its  course  before  proceeding  to  pass  the  bridge 
or  crossing.  [As  amended  by  act  approved  June  19,  1885.  In  force 
July  1,  1885.  L.  1885,  p.  231. 

750.  Penalty.]  § 13.  Every  engineer  or  other  person  having  charge 
of  such  engine  violating  the  provisions  of  the  preceding  section,  shall 
be  liable  to  a penalty  of  two  hundred  dollars  for  each  offense,  to  he 
.recovered  in  an  action  of  debt  in  the  name  of  the  people  of  the  state 
of  Illinois,  and  the  corporation  on  whose  road  such  offense  is  committed 
shall  be  liable  to  a penalty  of  not  exceeding  two  hundred  dollars,  to  be 
recovered  in  like  manner,  the  amount  so  recovered  to  be  paid  in  to  the 
treasury  of  the  county  in  which  the  offense  occurs ; but,  no  recovery  shall 
be  had  in  any  case  for  any  offense  committed  more  than  sixty  days 
prior  to  the  commencement  of  the  action.  The  provisions  of  tliis  and 
of  the  preceding  section  shall  extend  to  and  govern  all  cases  of  neglect 
or  failure  to  stop  the  train  as  required  bylaw  before  passing  any  bridge 
or  railroad  crossing,  whether  occurring  before  or  af'ter  the  said  provi- 
sions shall  take  effect,  and  no  act  or  part  of  an  act  inconsistent  with  such 
operation  and  effect  being  given  to  this  law  shall  in  any  way  apply 
hereto.  [As  amended  by  act  approved  June  19,  1885.  In  force  July  1, 
1885.  L.  1885,  p.  231. 

751.  Railroads  crossing  on  same  level  — requirements.]  § 1. 

Be  it  enacted  hy  the  people  of  the  date  of  Illinois,  represented  in  the 
yeneral  assembly^  That,  u hen,  and  in  case  two  or  more  railroads  cross- 
ing each  other  at  a common  grade,  shall  by  a system  of  interlocking 
and  automatic  signals,  or  by  other  works,  fixtures  and  machinery  to  be 
erected  by  them,  or  either  of  them,  renderit  safe  for  engines  and  trains 
to  pass  over  such  crossing  without  stopping,  and  such  system  of  inters 
locking  ai]d  signals,  works  or  fixtures,  shall  first  be  approved  by  the  rail- 


Eailroads. 


3r> 

road  and  warehouse  commissioners,  or  any  two  of  tliern,  and  a [)]an  of 
such  interlocking  and  signals,  works  or  fixtures,  for  sucli  crossing,  des- 
ignating the  ]>hm  of  crossing,  shall  have  been  filed  with  such  railroad 
and  warehouse  commissioners,  then,  and  in  that  case,  it  is  hereby  lawful 
for  the  engines  and  trains  of  any  such  railroad  or  railroads  to  pass  over 
said  crossing  without  stopping,  any  law,  or  the  provisions  of  any  law 
now  in  force,  to  the  contrary  notwithstanding ; and  all  such  other  pro- 
visions of  laws,  contrary  hereto,  are  hereby  declared  not  to  be  appli- 
cable in  such  case:  Provided,  that  the  said  railroad  and  warehouse 

commissioners  shall  have  power  in  case  such  interlocking  system,  in 
their  judgment,  shall,  by  experience,  prove  to  be  unsafe  or  impracticable, 
to  order  the  same  to  be  discontinued.  [Act  approved  June  3,  1887.  In 
force  July  1,  1887.  L.  1887,  p.  252. 

752.  Civil  engineer  to  examine  system  — compensation.]  § 2. 
The  said  railroad  and  warehouse  commissioners  may  appoint  a competent 
civil  engineer  to  examine  such  proposed  system  and  plans  and  report  the 
result  of  such  examination  for  the  information  of  such  railroad  and  ware- 
house commissioners;  and  said  railroad  and  warehouse  commissioners 
are  hereby  authorized  to  allow  and  reward  [award]  live  dollars  per  day 
as  a compensation  for  the  services  of  such  civil  engineer,  or  such  reason- 
able sum  as  such  commissioner  shall  deem  fit,  and  to  allow  and  reward 
[award]  such  other  and  further  sums,  as  they  shall  deem  fit,  to  pay  all 
other  fees,  costs  and  expenses  to  arise  imder  said  application,  to  be  paid 
by  the  railroad  company  or  companies  in  interest,  to  be  taxed  and  paid 
or  collected  as  in  other  cases.  And,  the  said  railroad  and  w^arehouse 
commissioners  are,  also,  empowered,  on  application  for  their  approval  of 
any  such  system  of  interlocking  and  signals,  works  or  fixtures,  to  require 
of  the  applicant  security  for  such  fees,  costs  and  expenses,  or  the  deposit, 
in  lieu  thereof,  of  a sufficient  amount  in  money  for  that  purpose  to  be 
fixed  by  them  [Act  approved  June  3,  1887.  In  force  July  1,  LS87. 
L.  1887,  p.  252. 

753.  Not  to  obstruct  highway.]  § 14.  No  railroad  corporation 
shall  obstruct  any  public  highway  by  stopping  any  train  upon,  or  by 
leaving  any  car  or  locomotive  engine  standing  on  its  track,  where  the 
same  intersects  or  crosses  such  public  highways,  exce]>t  for  the  purpose 
of  receiving  or  discharging  passengers,  or  to  receive  the  necessary  fuel 
and  water,  and  in  no  case  to  exceed  ten  minutes  for  each  train,  car  or 
locomotive  engine. 

754.  Speed  through  cities  etc.  — damages.]  § 24.  Whenever 
any  i-ailroad  coi-poratiun  shall,  by  itself  or  agents,  run  any  train,  loco- 
motive engine,  or  car,  at  a greater  rate  of  speed  in  or  through  the  in- 
corporated limits  of  any  city,  town  or  village,  than  is  permitted  by  any 
ordinance  of  such  city,  town  or  village,  such  corporation  shall  be 
liable  to  the  person  aggrieved  for  all  damages  done  the  person  or  pro- 
perty by  such  train,  locomotive  engine  or  car  ; and,  the  same  shall  be 


Kail  HOADS. 


])resumed  to  have  been  done  by  the  negligence  of  said  corporation  or 
their  agents;  and,  in  addition  to  such  penalties  as  may  be  provided  by  * 
such  city,  town  or  village,  the  person  aggrieved  by  the  violation  of  any 
of  the  ])rovisions  of  this  section,  shall  liave  an  action  against  such  cor- 
])oration,  so  violating  any  of  the  provisions,  to  recover  a penalty  of  not  less 
than  one  hundred  dollars  ($lO0)  nor  more  than  two  hundred  dollars 
($200),  to  be  recovered  in  any  court  of  competent  jurisdiction  ; said  ac- 
tion to  be  an  action  of  debt,  in  the  name  or  the  people  of  the  state  of 
Illinois,  for  thense  of  the  person  aggrieved;  but,  tlie  court  or  jury  trying 
the  case  may  reduce  said  penalty  to  any  sum,  not  less,  however,  than  fifty 
dollars  ($50),  where  the  offense  committed  by  such  violation  may  ap- 
])ear  not  to  be  malicious  or  wilful:  Provided,  that  no  such  ordinance 
shall  limit  the  rate  of  speed,  in  case  of  passenger  trains,  to  less  than 
ten  miles  ]:>er  hour  nor,  in  any  other  case  to  less  than  six  miles  per  hour. 

755-  Flagman  — shelter-]  § 35.  In  all  cases  where  the  public  au- 
thorities having  charge  of  any  street,  over  which  there  shall  be  a rail- 
road crossing,  sliall  notify  any  agent  of  the  corporation  owning,  using 
or  operating  such  railroad,  that  a flagman  is  necessary  at  such  crossing, 
it  shall  be  the  duty  of  such  railroad  company,  within  sixty  days  there- 
after, to  place  and  retain  a flagman  at  such  crossing,  who  shall  perform 
the  duties  usually  required  of  flagmen  ; and,  such  flagman  is  hereby 
empowered  to  stop  any  and  all  persons  from  crossing  a railroad  track, 
when,  in  liis  opinion,  there  is  danger  from  approaching  trains  or  loco- 
motive engines;  and,  any  railroad  company  refusing  or  neglecting  to 
place  flagmen,  as  required  by  this  section,  shall  be  liable  to  a tine  of 
$100  per  day  for  every  day  they  shall  neglect  or  refuse  to  do  so ; and 
it  is,  liereby,  made  the  duty  of  such  public  authorities,  liaving  charge  of 
such  street,  to  enforce  the  payment  of  such  fine,  by  suit,  in  the  name 
of  the  town  or  municipal  corporation  wherein  such  crossing  shall  be 
situate,  before  any  court  of  competent  jurisdiction  in  the  county,  and 
the  prosecuting  attorney  shall  attend  to  tlie  prosecution  of  all  suits  as 
directed  by  said  public  authorities.  All  the  moneys  collected  under 
the  provisions  of  this  act  shall  be  paid  in  to  the  treasury  of  the  town  or 
municipal  corporation  in  whose  name  such  suits  shall  have  been  brought : 
Provided,  that  when  any  railroad  conq^any  is  required  to  keep  a flag- 
man at  a crossing,  it  shall  have  the  right  to  erect  and  maintain  in  the 
highway  or  street  crossed  a suitable  house  for  the  shelter  of  such  flag- 
man, the  same  to  be  so  located  as  to  create  the  least  obstruction  to  the 
use  of  such  street  or  highway,  and  afford  the  best  view  of  the  railroad 
track  in  each  direction  from  such  crossing. 

756.  Penalties.]  § 3G.  If  any  railroad  corporation,  or  any  of  its 
agents,  servants  or  employes,  shall  violate  any  of  the  provisions  of  this 
act,  such  corporation,  agent,  servant  or  employe  shall,  severally,  unless 
otherwise  herein  provided,  be  liable  to  a fine  of  not  less  than  $10  nor 
more  than  $200,  to  be  recovered  in  an  action  of  debt,  in  the  name  of 
the  people  of  the  state  of  Illinois,  for  the  use  of  any  person  aggrieved, 
before  any  court  of  competent  jurisdiction. 


Revenue. 


33;1 


28.  REVENUE. 


Section. 

757.  Property  exempt  from  taxation. 

758.  Pules  for  valuing  personal  property. 

759.  Pules  for  valuing  real  e.state. 

760.  Certificate  of  rates,  in  cities  etc. 

761.  How  to  pay  over  taxes  collected. 

762.  County  clerk’s  certificate  to  county 

collector. 

763.  Collector’s  settlements  with  cities 

etc. 

764.  Collector’s  final  settlement  for  local 

taxes. 

765.  Advertisement,  for  judgment  and 

sale. 

766.  Proceeding  against  real  estate  for 

personal  tax. 

767.  Figures  etc.  used  — advertisement. 

768.  When  application  for  judgment 

made  etc. 

769.  Copies  of  advertisement  — printer’s 

fee. 

770.  Error  in  advertisement. 

771.  Delinquent  list  — form. 

772.  Tax  may  be  paid  before  sale. 

773.  Payments  reported  — lists  corrected. 

774.  Process  for  sale  of  delinquent  lands. 

775.  Entry  of  sale  — redemption. 

776.  Forfeited  tracts  noted. 

777.  Sale  and  redemption  record. 

778.  Manner  of  conducting  sale. 

779.  How  sold. 


Section.. 

780.  Forfeiture  to  state. 

781.  Paymeut  by  purchaser. 

782.  Certificate  of  purchase. 

783.  Index  to  tax  sale  books. 

784.  Time  of  redemption  — amount. 

785.  When  purchaser  suffers  land  to  ba 

sold  again. 

786.  Books  etc.  evidence. 

787.  Sales  in  error  — entry. 

788.  Purchaser  at  erroneous  sale,  paid 

back. 

789.  Effect  of  receipt  of  redemption 

money. 

790.  Notice. 

791.  Affidavit  — evidence  — notice. 

792.  Collector’s  April  payment  to  local 

authorities. 

793.  To  pay  cities  etc.  every  ten  days. 

794.  Apportionment  of  special  assess- 

ments payable  in  instalments. 

795.  Uniformity  of  taxation  restored. 

796.  City  may  buy  in  at  sale. 

797.  Rebate  when  property  destroyed. 

798.  Reduce  or  release  tax  or  assessment. 

799.  City  empowered  to  refund  tax  ille- 

gally collected. 

800.  When  warrants  may  be  drawn  on 

county  treasurer  etc. 

801.  May  be  issued  in  anticipation  of 

taxes. 


All  act  for  tlie  assessment  of  property  and  for  the  levy  and  collection  of 
property.  [Approved  March  30,  1872.  In  force  July  1,  1872. 
R.  S.,  1874,  ch.  120. 

1.  This  statute  necessarily  operated  to  repeal  all  prior  conflicting  laws,  whether 
found  in  general  statutes  or  special  city  charters;  Law  v.  People,  80  111.,  268;  Ed- 
wards V.  People,  88111.,  340. 


Propekty  Exempt  from  Taxation. 

757.  Exempt  property.]  § 2.  All  property  described  in  this  sec- 
tion, to  the  extent  herein  limited,  shall  be  exempt  from  taxation,  that 
is  to  say  — 

1.  All  property  within  the* state,  except  by  specific  exemption,  is  required  to  be 
taxed;  People  v.  C'hicago,  124  111.,  637. 

2.  Where  an  exemption  from  state  taxes  has  been  granted  without  consideration  it 
may  be  recalled  at  the  pleasure  of  the  state;  Ramsey  v.  Hoeger,  76  IlL,  432. 

3.  All  presumptions  are  against  a legislative  intention  to  bind  the  state  by  an  ex- 
emption from  taxation;  In  re  Swigert,  123  111.,  269. 

4.  Laws  exempting  from  taxation  are  strictly  construed.  No  thing  will  come  within 
the  exemption  which  is  not  clearly  so,  all  reasonable  intendments  being  indulged  in 
favor  of  the  state  ; In  re  Swigert,  119  111.,  85;  People  v.  Chicago,  124  111.,  637. 

5.  Only  such  property  as  general  assembly  has  exempted  from  taxation,  for  state, 
county  and  municipal  purposes,  is  exempt;  People  v.  Anderson,  117  111.,  52. 


Revenue. 


0.  ExcMiiptions  from  taxation  are  to  i)c  construed  strictl3^  They  are  not  extended, 
by  juoicial  construction,  to  embrace  property  not  plainly  expressed  in  the  statute;* 
Peoi)le  V.  Seaman’s  Friend  Soc,.  87  111.,  246. 

7.  One  who  alleges  an  exemption  must  show  the  fact;  I.  C.  HR.  Co.  v.  People,  119 
111.,  So. 

S.  A claim  of  exemption  must  be  established  by  clear  and  satisfactory^  proof;  In  re 
Swigert,  119  111.,  85. 

9.  When  an  exemption  has  been  made  in  favor  of  a corporation,  justice  demands 
that  it  should  show  — clearly  — a compliance  with  the  terms  and  spirit  of  the  statute, 
under  which  it  claims  the  exemption,  before  it  can  be  permitted  to  escape  a duty  in- 
cumbent equally  on  every  citizen:  People  v.  Cem.  Co.,  86  111.,  386. 

ID.  Exemi)t  property  described  by  reference  to  the  character  of  its  ownership  and 
use:  property  to  b(*  exempt  must  be  owned  and  used  as  the  statute  specifies;  In  re 
Swigert,  123  111.,  269. 

First  — All  lands  donated  by  the  United  States  for  school  purposes, 
not  sold  or  leased.  Ail  public  school  houses.  All  property  of  institu- 
tions of  learning,  including  the  real  estate  on  which  the  institutions  are 
located,  not  leased  by  such  institutions  or  otherwise  used  with  a view 
to  profit. 

1.  So  much  of  a charter  as  attempts  to  exempt  university  property  from  special  as- 
sessments for  local  improvements  is  void;  University  v.  People,  118  111.,  566. 

2.  Heal  estate  acquired  on  foreclo?,ure  of  mortgages  given  to  secure  the  re-payment 
of  school  moneys  loaned,  in  fact,  belongs  to  the  state,  in  trust  for  school  purposes. 
Under  this  clause,  it  is  exempt  from  taxation ; Chicago  v.  People,  80  111.,  384. 

3.  A statute  claimed  to  exempt  property  from  taxation  must  be  strictly  construed. 
It  devolves  on  those  who  claim  that  specific  property  is  thus  exempt  to  clearly  show 
that  it  is  within  the  contemplation  of  the  law;  People  ??.  Wabash  Ry.  Co.,  138  111.,  86. 

4.  Such  a statute  must  be  strictly  pursued  and  such  exemption  can  not  be  made,  by 
judicial  construction,  to  embrace  other  objects  than  those  plainly  expressed  in  the 
statute;  People  v.  Ryan.  138  111.,  266. 

5.  To  secure  the  exemption  from  taxation  of  lots  as  school  property  they  must  be 
showm  to  be  the  property  of  an  institution  of  learning,  which  is  not  leased  or  other- 
wise used  with  a view  to  profit;  People  v.  Ryan,  138  111.,  266. 

6.  To  exempt  lots  as  church  pj-operty  it  must  be  shown  that  they  are  owned  by 
some  congregation  and  are  used  exclusively  for  public  worship;  People  v.  Ryan,  138 
111.,  266. 

7.  A private  school  house,  in  which  is  taught,  with  a view  to  profit,  the  rudimentary 
branches  of  education,  such  as  are  ordinarily  taught  in  the  public  schools,  is  not  ex- 
empt from  taxation;  People  v.  Ryan,  138  111.,  266. 

8.  The  words  “all  public  school  houses,”  as  used  in  the  above  section,  which  are 
declared  exempt  from  taxation,  refer  to  the  public  school  houses  owned  by  the  state, 
school  districts  and  boards  of  education  under  the  laws  of  the  state;  People  v.  Ryan, 
138  111.,  266. 

9.  A board  of  supervisors  has  no  authority  of  law  to  pass  an  order  that  property, 
known  as  a hospital,  is  exempt  from  taxation  without  proof  that  it  is  “ actually  and 
exclusively^  used  for  public  charity  and  not  leased  or  otherwise  used  with  a view  to 
profit;”  People  v.  Wabash  Ry.  Co.,  138  111.,  86. 

Second  — AH  church  property  actually  and  exclusively  used  for  public 
worship  when  the  land  (to  be  of  reasonable  ske  for  the  location  of  the 
church  building)  is  owned  by  the  congregation. 

1.  Church  property,  to  be  exempt  from  taxation,  must  be  actually’  and  exclusiv’cly* 
used  for  public  w’orship  and  the  land — of  reasonable  size  for  the  building  — must  be 
owned  by  the  congregation,  as  an  organized  bodyq  People  v.  Anderson,  117  111.,  52. 

Third  — All  lands  used  exclusively  as  grave  yards  or  grounds  for 
burying  the  dead. 

1.  A company  had  lands  in  actual  use  for  cemetery  purposes  and  other  lands  sepa- 
rated therefrom  by  a public  highway’.  The  latter  lands  were  platted  and  recorded 


Kevenue. 


337 

as  cemetery  lands,  but,  never  used  as  such.  The  company’s  charter  provided  that 
all  property  held  and  actually  used  by  it  for  burial  purposes,  or  for  the  general  use 
of  lot  owners,  or  subservient  to  burial  uses,  and  which  had  been  platted  and  re- 
corded as  cemetery  grounds  should  be  exempt  from  taxation.  It  was  held  that  the 
latter  lands  were  not  exempt,  the  company  having  erected  thereon  a stable  and  some 
houses,  occupied  and  used  by  men  employed  by  tlie  company,  and  removed  mould 
and  sand  therefrom  for  use,  as  needed,  for  cemetery  purposes;  People  v.  Cem.  Co., 
86  111.,  336. 

Fourth  — All  unentered  government  lauds;  all  public  buildings  or 
structures,  of  whatsoever  kind,  and  the  contents  thereof,  and  the  land 
on  which  the  same  are  located,  belonging  to  the  United  States. 

1.  Property  owned  by  the  federal  government  is  never  taxed;  unless  that  taxation 
is  expressly  required  by  statute.  States  are  powerless  to  tax  the  instrumentalities 
of  the  general  government;  People  v.  U.  S.,  93  111.,  30;  Fagan  v.  Chicago,  84  111.,  227. 

Fifth  — All  property,  of  every  kind,  belonging  to  the  state  of  Illi- 
nois. 

Sixth  — All  property  belonging  to  any  county,  town,  village  or  city, 
used  exclusively  for  the  maintenance  of  the  poor.  All  swamp  or  over- 
flowed lands  belonging  to  any  county,  so  long  as  the  same  remain  un- 
sold by  such  county.  All  public  buildings  belonging  to  any  county, 
township,  city  or  incorporated  town,  with  the  ground  on  which  such 
buildings  are  erected,  not  exceeding  in  any  case  ten  acres. 

1.  Swamp  laud,  so  loug  as  it  belongs  to  a couut}%  is  not  subject  to  taxation.  A 
purchaser  of  such  land,  at  tax  sale,  takes  no  title  by  his  purchase,  he  being  charge- 
able with  notice — under  the  recording  law — of  the  condition  of  the  title;  Piatt  (’o.  v. 
Goodell,  97  111.,  84. 

2.  If  corporate  funds  be  intended  to  be  kept  for  years  and  placed  at  interest,  no, 
reason  is  seen  why  they  would  not  be  taxable;  Davies  v.  Chicago,  124  111.,  637. 

3.  Lauds  owned  by  an  incorporated  city,  which  are  not  suitable  for  use  for  muni- 
cipal purposes,  are  subject  to  taxation  — albeit  they  were  taken,  in  part  payment  for 
moneys  raised  by  taxation,  which  moneys  had  been  embezzled  by  a city  officer  and 
by  him  tortiously  converted  to  his  own  use;  People  -y.  Chicago,  124  III.,  637. 

4.  Toll  bridges  belonging  to  a city,  outside  its  corporate  limits,  are  not  exempt 
from  taxation;  In  re  Swigert,  123  Ith,  269. 

Seventh  — All  property  of  institutions  of  purely  public  charity,  when 
actually  and  exclusively  used  for  such  charitable  purposes,  not  leased 
or  otherwise  used  with  a view  to  profit ; and  all  free  public  libraries. 

1.  Institutions  of  purely  public  charity,  to  be  within  this  clause,  must  be  corpora- 
tions. It  is  well  doubted  whether  the  exemption  embraces  other  than  institutions 
founded  and  maintained  by  the  state;  People  v.  Seaman’s  F.  Soc.,  87  111.,  246. 

2.  This  clause  does  not  embrace  the  property  of  foreign  corporations,  that  may  lo- 
cate branches  in  this  state;  People  y.  Seaman’s  F.  Soc.,  87  111.,  246. 

Eighth  — All  fire  engines  and  other  implements  used  for  the  extin- 
guishment of  fires,  wdth  the  building  used  exclusively  for  the  safe 
keeping  thereof  and  the  lot  of  reasonable  size  on  which  the  building 
is  located,  when  belonging  to  any  city,  village  or  town. 

Ninth  — All  market  houses,  public  squares  or  other  public  grounds 
used  exclusively  for  public  purposes.  All  works,  machinery  and  fix- 
tures belonging  exclusively  to  any  town,  village  or  city,  and  used  ex- 
clusively for  conveying  water  to  such  town,  village  or  city. 

Tenth  — All  property  which  may  be  used  exclusively  by  societies  for 
agricultural,  horticultural,  mechanical  and  philosophical  purposes,  and 
not  for  pecuniary  profit. 


Revenue. 


Rules  for  Valuing  Property. 

758.  Rules  for  valuing  personal  property.]  § 3.  Personal  proo-  ' 
erty  shall  be  valued  as  loilows: 

First  — All  personal  ])r()perty,  except  as  herein  otherwise  directed, 
shall  be  valued  at  its  fair  cash  value. 

Second  — Every  credit  for  a simi  certain,  payable  either  in  money 
oi*  labor,  shall  be  valued  at  a fair  cash  value,  for  the  sum  so  payable: 
if  for  any  article  of  property,  or  for  labor  or  services  of  any  kind,  it 
shall  be  valued  at  the  current  price  of  such  property,  labor  or  service. 

Third  — Annuities  and  royalties  shall  be  valued  at  their  then  present 
total  value. 

Fourth — The  capital  stock  of  all  companies  and  associations  now  or 
hereafter  created  under  the  laws  of  this  state,  except  those  required  to 
be  assessed  by  the  local  assessors,  as  hereinafter  provided,  shall  be  so 
valued  by  the  state  board  of  equalization  as  to  ascertain  and  determine, 
respectively,  the  fair  cash  value  of  such  capital  stock,  including  the 
franchise,  over  and  above  the  assessed  value  of  the  tangible  propertv  of 
such  company  oi'  association.  Such  board  shall  adopt  such  rules  and 
principles  for  asceiiaining  the  fair  cash  value  of  such  capital  stock  as 
to  it  may  seem  equitable  and  just;  and,  such  rules  and  principles,  when 
so  adopted,  if  not  inconsistent  with  this  act,  shall  be  as  binding  and  of 
the  same  effect  as  if  contained  in  this  act,  subject,  however,  to  such 
changes,  alteration  or  amendment  as  may  be  found,  from  time  to  time, 
to  be  necessary  by  said  board  : Provided,  that  in  all  cases  where  the 

tangible  propei  ty  or  capital  stock  of  any  company  or  association  is  as- 
sessed under  this  act,  the  shares  of  capital  stock  of  such  company  or 
association  shall  not  be  assessed  or  taxed  in  this  state.  This  clause 
shall  not  a|)ply  to  the  capital  stock  or  shares  of  capital  stock,  of  banks 
organized  under  the  general  banking  laws  of  this  state  or  under  any 
special  charter  heretofore  granted  by  the  legislature  of  this  state:  Pro- 
vided, further,  that  companies  and  associations  organized  for  purely 
manufacturing  purposes,  or  for  the  mining  and  sale  of  coal,  or  for  j)rint- 
ing,  or  for  publishing  of  newspapers,  or  for  the  improving  and  breeding 
of  stock,  shall  be  assessed  by  the  local  assessors  in  like  manner  as  the 
property  of  individuals  is  required  to  be  assessed.  [As  amended  by 
acts  approved  May  13,  1879,  and  June  19,  1893.  L.,  1893,  p.  172. 

1.  This  clause,  in  providing  for  the  assessment  of  capital  stock  of  some  corporations 
by  local  assessors  and  of  others  by  state  board  of  equalization,  is  not  unconstitu- 
tional; Coal  R.  C.  Co.  1).  Plnlen,  124  111.,  668. 

2.  A franchise  of  a corporation  is  property,  having  a value  capable  of  being  esti- 
mated. It  is,  therefore,  liable  to  and  — by  the  constitution  — required  to  be  taxed; 
Otta.  Glass  Co.  v.  M’Caleb,  81  111.,  556. 

3.  The  statute  recognizes  the  capital  stock  and  franchise  of  a corporation  as  to  be 
listed,  valued  and  taxed  as  personal  property;  Belleville  N.  Co.v.  People,  98  111.,  399. 

4.  The  tangible  property  of  a corporation  and  the  shares  of  its  stock  are  separate 
and  distinct  kinds  of  property,  under  different  ownership.  They  are  both  liable  to 
taxation;  Danv.  B & 4\  Co.  v.  Parks,  88  111.,  170.  Such  taxation  is  not  double  or  un- 
constitutional; Danv.  Manuf.  Co.  v.  Parks,  88  111.,  463;  Danville  B.  &l  T.  Co.  v.  Parks, 

88  111.,  463. 


Revenue. 


33!) 


5.  Where  the  capital  stock  of  a corporation  is  taxable  the  shares  of  stock  in  the 
bands  of  tlie  stockholders  are  not.  That  the  shareholders  are  erroneously  assessed 
affords  no  reasop  why  the  corporation  should  not  be;  Otta.  Glass  Co.  v.  M’Caleb,  81 
111.,  556;  Repub.  L.  Ins.  Co.  v.  Poliak,  75  111.,  292. 

759.  Rules  for  valuing  real  estate.]  § 4.  Real  property  shall  be 
valued  as  follows : 

First  — Each  tract  or  lot  of  real  property  shall  be  valued  at  its  fair 
cash  value,  estimated  at  the  price  it  would  bring  at  a fair,  voluntary  sale. 

Second  — Taxable  leasehold  estates  shall  be  valued  at  such  a price  as 
they  Would  bring  at  a fair,  voluntary,  sale  for  cash. 

Third  — When  a building  or  structure  is  located  on  the  right  of  way 
of  any  canal,  railroad  or  other  company  leased  or  granted  for  a term  of 
years  to  another,  the  same  shall  be  valued  at  such  a price  as  such  build- 
ing or  structure  and  lease  or  grant  would  sell  at  a fair,  voluntary,  sale 
for  cash. 

Fourth  — In  valuing  any  real  property  on  which  there  is  a coal  or 
other  mine,  or  stone  or  other  quarry,  the  same  shall  be  valued  at  such  a 
price  as  such  property,  including  the  mine  or  quarry,  would  sell  at  a fair, 
voluntary,  sale  for  cash. 

1.  All  taxable  property  within  the  limits  of  a municipal  corporation  must  be  taxed, 
on  the  basis  of  uniformity  as  to  person  and  property,  for  the  payment  of  municipal 
indebtedness.  Therefore,  the  withdrawal  of  any  real  estate  from  jurisdiction  of  such 
taxation — when  a given  sum  is  to  be  raised — to  that  extent  increases  the  burden  of 
taxation  on  the  property  remaining  within  the, corporate  limits.  It  is  to  be  presumed 
that  all  such  indebtedness  is  incurred  for  the  equal  benefit  of  every  part  of  the 
municipality.  Such  withdrawal,  then,  would,  per  se,  be  an  injustice  to  the  remaining 
tax  payers;  unless  attended  with  some  corresponding  benefit  to  the  municipality; 
Walker  v.  Springfield,  94  111.,  364;  Ramsey  Hoeger,  76  111.,  432,  Galesburg  v.  Havvk- 
inson,  75  111.,  152. 

Towns,  Citipis  etc. 

760.  Certificate  of  rates.]  § 122.  The  proper  authorities  of  towns, 
townships,  districts  and  incorporated  cities,  towns  and  villages,  collect- 
ing taxes  under  the  provision  of  tins  act,  sliall,  annually,  on  or  before 
the  second  Tuesday  in  August,  certify  to  the  county  clerk  the  several 
amounts  which  they  severally  require  to  be  raised  by  taxation,  anything 
in  their  respective  charters,  or  in  acts  heretofore  passed  by  the  general 
assembly  of  this  state  to  the  contrary  notwithstanding.  [As  amended 
by  act  approved  May  3,  1873.  L.  1&73-4,  p.  51. 

761.  How  to  pay  over  taxes  collected.]  § 138.  The  warrant 
shall  direct  the  town  or  district  collector,  after  deducting  the  compen- 
sation to  which  he  may  be  legally  entitled,  to  pay  over  to  the  proper 
officers  the  amount  of  tax  collected  for  the  support  of  highways  and 
bridges,  and  to  the  supervisor  of  the  town  the  moneys  which  shall  have 
been  collected  therein,  to  defray  town  expenses;  to  the  proper  school 
‘officers,  the  district  school  tax ; to  the  city  or  incorporated  town  or  vil- 
las:e  treasurer,  or  other  proper  officer,  the  taxes  or  special  assessments 
collected  by  him  for  such  city  or  incorporated  town  or  village,  or  others, 
as  often  and  at  such  times  as  may  be  demanded  by  the  proper  officer ; 
and,  to  the  county  collector,  the  county  tax  and  the  taxes  payable  to  the 
state  treasury  collected  by  him. 


Revenue. 


:mo 


1.  Wlicrc  a collector  pays  school  moneys,  belonging  to  a certain  school  district,  to 
any  person  other  than  the  treasurer  of  the  proper  township,  he  will  be  guilty  of  a 
breach  of  his  bond  and  liable  lo  nominal  damages,  non  obstante  the  fact  tliat  the  per- 
son to  whom  lui  shall  have  ])aid  such  moneys,  on  discovery  of  the  mistake,  j)ays  over 
the  same;  to  the  ]>roper  ollicers  of  the  school  district;  so  that,  in  fact,  the  district  loses 
no  thing;  Peoj)le  v.  Veazel,  84  111.,  539. 

762.  County  clerk’s  certificate  to  county  collector.]  § 139.  On 

the  delivery  of  tlie  tax  hooks  to  the  town  or  district  collectors,  the  clerk 
shall  make  a certified  statement  setting  forth  the  name  of  eacli  town  or 
district  collector,  the  amount  of  taxes' to  be  collected  and  paid  over  for 
each  purpose  for  which  the  tax  is  levied  in  each  of  the  several  towns 
or  districts,  cities  and  villages,  and  furnish  the  same  to  the  county  col- 
lector. 

1.  A general  law,  which  requires  a city  to  make  return  of  the  amount  of  taxes  it 
requires  to  be  levied  to  the  county  clerk  of  the  county,  any  thing  in  its  charter  to  the 
contrary  notwithstanding,  does  not  operate  to  repeal  a provision,  in  its  charter,  pro- 
hibiting the  city  from  levying  over  a certain  per  cent,  for  taxes.  There  is  no  con- 
flict between  the  statutes  and  the  city  is  bound  to  obey  both;  Edw'ards  v.  People,  88 
111.,  340. 

2.  The  legislature  has  power  to  require  city  taxes  to  be  collected  by  town  collector 
and  to  giv’e  direction  to  the  commissions  arising  therefrom;  Ryan  v.  People,  117  111., 


Sworn  Statements  of  Collector. 

763.  Thirty  day  settlements  with  cities  etc.]  § 164.  Town  and 
district  collectors  shall,  every  thirty  days,  when  required  so  to  do  by 
the  proper  authorities  of  incorporated  towns,  cities  and  villages,  road 
and  school  districts,  for  which  any  tax  is  collected,  render  to  said 
authorities  a statement  of  the  amount  of  each  kind  of  tax  collected  for 
the  same  and,  at  the  same  time,  pay  over  to  such  authorities  the  amount 
so  shown  to  be  collected.  [As  amended  by  act  approved  May  3,  1873. 
L.  1873-4,  p.  51. 

764.  Final  settlement  for  local  taxes  before  return.]  § 167. 

Each  town  and  district  collector  shall. make  final  settlement  for  the 
township,  district,  city,  village  and  town  taxes,  charged  in  the  tax  books, 
at  or  before  the  time  fixed  in  this  act  for  paying  over  and  making  final 
settlement  for  state  and  county  taxes  collected  by  them.  In  such  set- 
tlements said  collectors  shall  be  entitled  to  credit  for  the  amount  of 
their  commissions  on  the  amount  collected  and  for  the  amount  uncol- 
lected on  the  tax  books,  as  may  be  determined  by  the  settlement  with 
the  county  collector. 

Advertisement  for  Judgment  and  Sale. 

765.  Advertisement.]  § 182.  At  any  time  after  the  first  day  of 
April  next  after  such  delinquent  taxes  and  special  assessments  on  lands 
and  lots  shall  become  due,  the  collector  shall  publish  an  advertisement, 
giving  notice  of  the  intended  application  for  judgment  for  sale  of  such 
delinquent  lands  and  lots,  in  a newspaper  published  in  his  county,  if  any 


Rev^enue. 


341 


such  there  be,  and  if  there  be  no  such  paper  printed  in  his  county,  then 
in  the  nearest  newspaper  in  this  state  to  the  county  seat  of  such  county. 
Said  advertisement  shall  be  once  published  at  least  three  weeks  previous 
to  the  term  of  tlie  county  court  at  which  judgment  is  prayed,  and  shall 
contain  a list  of  the  delinquent  lands  and  lots  upon  which  the  taxes  or 
special  assessments  remain  due  and  unpaid,  the  names  of  owners  if 
known,  the  total  amount  due  thereon,  and  the  year  or  years  for  which 
the  same  are  due.  Said  collector  shall  give  notice  that  he  will  apply  to 
the  county  court,  at  the  term  thereof,  for  judgment  against  said 

lands  and  lots  for  said  taxes,  special  assessments,  interest  and  costs,  and 
for  an  order  to  sell  said  lands  and  lots  for  the  satisfaction  thereof ; and 
shall  also  give  notice  that,  on  the  Monday  next  succeeding  the 

day  fixed  by  law  for  the  commencement  of  such  term  of  the  said  county 
court,  all  the  lands  and  lots  for  the  sale  of  which  an  order  shall  be  made, 
will  be  exposed  to  public  sale  at  the  building  where  the  county  court  is 
held  in  said  county,  for  the  amount  of  taxes,  special  assessments,  inte- 
rest and  cost  due  thereon  ; and,  the  advertisement  published  according 
to  the  provisions  of  this  section  shall  be  deemed  to  be  sufficient  notice 
of  the  intended  application  for  judgment  and  of  the  sale  of  lands  and 
lots  undei  the  order  of  said  court.  Where  the  publisher  of  any  paper 
that  may  have  been  selected  by  the  collector  shall  be  unable  or  un- 
willing to  publish  such  advertisement,  the  collector  shall  select  some 
other  newspaper,  having  due  regard  to  the  circulation  of  such  paper. 

1.  Any  defect  in  tlie  notice  of  application  for  judgment  against  land  for  taxes  — 
or  even  the  absence  of  notice  — is  obviated  by  the  tax  payer’s  appearance  and  contest 
of  the  tax  on  its  merits;  Hale  v.  People,  87  111.,  72;  People  Sherman,  83  111.,  165. 


766.  Proceeding  against  real  estate  for  personal  tax.]  § 183. 

When  it  becomes  necessary  to  charge  the  tax  on  personal  property 
against  real  property,  the  county  collector  shall  select,  for  that  purpose, 
some  particular  tract  or  lots  of  real  property  owned  by  the  person  ow- 
ing such  personal  property  tax ; and,  in  his  advertisement  for  judgment 
and  sale,  shall  designate  the  particular  tract  or  lots  of  real  property 
against  which  such  personal  property  tax  is  charged  and,  in  the  list  filed 
for  judgment;  the  same  facts  shall  be  shown,  and  the  court  shall  take 
cognizance  tliereof,  and  give  judgment  against  such  tract  or  lots  of  real 
property,  for  such  personal  property  tax. 

1.  The  statute  for  the  assessment  of  property  and  for  the  levy  and  collection  of 
taxes  (Revenue,  R.  S.,  1874,  § 255),  provides  that  “personal  property  shall  be  liable 
for  taxes  levied  on  real  property  and  real  property  shall  be  liable  for  taxes  levied  on 
personal  property;  but,  the  tax  on  personal  property  shall  not  be  charged  against  real 
property  except  in  cases  of  removals,  or  where  said  tax  can  not  be  made  out  of  the 
personal  property;  but,  the  tax  on  real  property  may  be  made  out  of  personal  pro- 
perty, at  any  time  after  the  tax  becomes  due,  by  any  collector,  having  the  tax  books 
in  his  hands,  by  distraint  and  sale,  in  the  manner  provided  in  this  act;  Provided  that 
judgment  against  real  property,  for  non  payment  of  taxes  thereon,  shall  not  be  pre- 
vented by  showing  that  the  owner  thereof  was  possessed  of  personal  property  subject 
to  distraint;  and,  no  person  shall  be  subject  to  have  his  personal  property  distrained 
and  sold  for  tax  on  real  estate,  which  may  have  been  listed  and  assessed  in  his  name, 
when  he  makes  oath,  or  otherwise  satisfies  the  collector,  that  he  did  not  own  such 
real  property  on  the  preceding  first  day  of  May.” 


LIBR 


A 


Revenue. 


m 

767.  Figures  etc.  used  — advertisment  etc.]  § 184.  In  all  ad- 
vertisements for  the  sale  of  lands  and  lots  for  taxes  or  special  asses- 
inents,  and  in  entries  required  to  be  made  by  the  clerk  of  the  court  or 
other  ollicer,  letters,  figures  and  characters  may  be  used  to  denote  town- 
ships, ranges,  sections,  parts  of  sections,  lots  or  blocks,  or  parts  thereof, 
the  year  or  the  years  for  which  the  taxes  were  due,  and  the  amount  of 
taxes,  special  assessments,  interest  and  costs ; and  the  whole  of  the  ad- 
vertisement shall  be  contained  in  one  edition  of  such  newspaper  and  its 
supplement,  if  such  supplement  is  necessary:  Provided,  that  no  thing 
contained  in  this  section  shall  prevent  the  county  collector  from  subse- 
quently advertising  and  obtaining  judgment  on  lands  or  lots  that  may 
have  been  omitted  through  no  fault  of  the  collector,  or  that  maj^  have 
been  erroneously  advertised  or  described  in  the  first  advertisement. 

768.  When  application  for  judgment  made  etc.]  § 185.  All 
applications  for  judgment  and  order  of  sale  for  taxes  and  special 
assessments  on  delinquent  lands  and  lots,  shall  be  made  at  the  May  teriii 
of  the  county  court.  If,  from  any  cause,  the  court  shall  not  be  holden 
at  the  term  at  which  judgment  is  prayed,  the  cause  shall  stand  con- 
tinued; and,  it  shall  not  be  necessary  to  re-ad vertise  the  list  or  notice 
required  by  law  to  be  advertised  before  judgment  and  sale,  but  at  the 
next  regular  term  thereafter  the  court  shall  hear  and  determine  the 
matter;  and,  if  judgment  is  rendered  the  sale  shall  be  made  on  the 
Monday  specified  in  the  notice,  as  provided  in  section  182  — such  Mon- 
day to  be  fixed  by  the  county  collector  in  the  notice.  If,  for  any  cause, 
the  collector  is  prevented  from  advertising  and  obtaining  judgment  at 
said  term,  it  shall  be  held  to  be  legal  to  obtain  judgment  at  any  subse- 
quent term  of  said  court ; but,  if  the  failure  arises  by  the  county  col- 
lector’s not  complying  with  any  of  tile  requirements  of  this  act,  he 
shall.be  held  on  his  official  bond,  for  the  full  amount  of  all  taxes  and 
special  assessments  charged  against  him:  Provided,  that  any  such  fail- 
ure on  the  part  of  the  county  collector  shall  not  be  allowed  as  a valid 
objection  to  the  collection  of  any  tax  or  assessment,  or  to  a rendition 
of  judgment  against  any  delinquent  lands  and  lots,  included  in  the  ap- 
plication of  the  county  collector : And,  provided,  further,  that  on  the 
application  for  judgment,  at  such  subsequent  term,  it  shall  not  be 
deemed  necessary  to  set  forth  or  establish  the  reasons  of  such  failure. 

1.  This  section  requires  application  for  judgment,  against  delinquent  land  for  state 
and  county  taxes  to  be  made  at  the  May  term  of  the  county  court.  It  has  no  reference 
to  city  or  village  special  assessments,  when  such  municipalities  are  organized  under 
the  general  incorporation  law;  Leindecker  v.  People,  98  111.,  21.  Such  application 
may  be  at  a subsequent  term;  Beers  v.  People,  83  111.,  488. 

2.  It  is  the  collector’s  report  that  gives  jurisdiction,  to  the  court,  to  act  on  an  ap- 
plication for  judgment  against  delinquent  lands,  for  taxes  and  assessments  due 
thereon.  Unless  the  law,  in  respect  to  such  report  is,  substantially,  complied  with 
the  court  is  without  authority  to  act;  Peojjle  v.  Dragstran,  100  111.,  286;  People  v. 
Otis,  74  111.,  384. 

769.  Copies  of  advertisement  — printers’  fee.]  § 186.  Tlie 
printer,  publisher,  or  financial  officer  or  agent  of  the  newspaper  publish- 
ing the  list  of  delinquent  lands  and  lots,  sliall  transmit,  by  mail  or 


Revenue. 


343 


other  safe  conveyance,  to  the  collector,  four  copies  of  the  paper  con- 
taining said  list,  to  one  of  which  copies  he  shall  attach  his  certificate, 
under  bath,  of  the  due  publication  of  the  delincpient  list  for  the  time 
requii-ed  by  law  (wdiich  copy  shall  be  presented  by  the  collector  to  the 
county  court  at  the  time  judgment  is  prayed),  and  said  copy  shall  be 
filed  as  a part  of  the  records  of  said  court.  Upon  receipt  of  said  papers, 
and  on  demand  being  made,  the  collector  shall  pay  to  the  printer  the 
amount  of  the  fees  allowed  by  law  for  publishing  said  list  and  notice  ; 
and  it  shall  be  his  duty  to  file  one  copy  of  said  paper  in  his  office,  and 
deliver  one  copy  to  the  auditor,  and  one  copy  to  the  state  treasurer, 
who  shall  file  and  safely  preserve  them  in  their  respective  offices. 

1.  An  affidavit  of  tlie  publisher  of  a newspaper  of  the  publication  of  the  delinquent 
list  and  notice  of  application  for  judgment,  properly  verified,  which  states  the  day 
on  which  the  publication  was  made  and  the  paper  in  which  thedist  and  notice  were 
inserted,  sufficiently  proves  publication  — to  confer  jurisdiction,  on  the  court,  to 
render  judgment;  Buck  People,  78  111.,  560. 

2.  A certificate  of  such  publisher,  properly  verified,  will,  also,  be  sufficient;  Fisher 
V.  People,  84  111.,  491. 

3.  A sheriff  of  a county,  acting  as  collector  ex  officio,  is  not  personally  liable  for 
the  payment  of  the  printer’s  fees,  in  publishing  the  delinquent  tax  list;  Broad  well 
V.  Chapin,  2 App.,  511. 

770.  Error  in  advertisement.]  § 187.  In  all  cases  where  there  is 
an  error  in  the  advertised  list,  the  fault  thereof  being  the  printer’s, 
wdiich  prevents  judgment  from  being  obtained  against  any  tracts  or  lots, 
or  against  all  of  said  delinquent  list,  at  the  time  stated  in  the  advertise- 
ment that  judgment  will  be  applied  for,  the  printer  shall  lose  the  com- 
pensation allowed  by  this  act,  for  such  erroneous  tracts  or  lots,  or  entire 
list,  as  the  case  may  be. 

771*  Delinquent  list  — form.]  §188.  The  collector  shall  transcribe 
in  to  a book,  prepared  for  that  purpose  and  known  as  the  tax,  judgment, 
sale,  redemption,  and  forfeiture  record,  the  list  of  delinquent  lands  and 
lots,  which  shall  be  made  out  in  numerical  order,  and  contain  all  the 
information  necessary  to  be  recorded,  at  least  five  days  before  the  com- 
mencement of  the  term  at  which  application  for  judgment  is  to  be 
made;  which  book  shall  set  forth  the  name  of  the  owner,  if  known; 
the  proper  description  of  the  land  or  lot,  the  year  or  years  for  which 
the  tax  or  special  assessments  are  due;  the  valuation  on  which  the  tax 
is  extended;  the  amonot  of  the  consolidated  and  other  taxes  and  special 
assessments;  the  costs  and  total  amount  of  charges  against  such  land  or 
lot.  Said  book  shall,  also,  be  ruled  in  columns,  so  as  to  show  the  amount 
paid  before  the  rendition  of  judgment;  the  amount  of  judgment,  and 
a column  for  remarks;  the  amount  paid  before  sale  and  after  the  ren- 
dition of  said  judgment,  the  amount  of  the  sale,  amount  of  interest  or 
penalty,  amount  of  cost,  amount  forfeited  to  the  state,  date  of  sale,  acres 
or  part  sold,  name  of  purchaser,  amount  of  sale  and  penalty,  taxes  of 
succeeding  years,  interest  and  when  paid,  interest  and  cost,  total  amount 
of  redemption,  date  of  redemption,  w^hen  deed  executed,  by  whom 
redeemed,  and  a column  for  remarks,  or  receipt  of  redemption  money. 
[As  amended  by  act  approved  May  29,  1879.  In  force  July  1,  1879. 
L.  1879,  p.  248. 


344 


Revenue. 


772.  Tax  may  be  paid  before  sale.]  § 189.  Any  person  owning 
or  claiming  lands  or  lots  upon  which  judgment  is  prayed,  as  provided 
in  this  act,  may,  in  person  or  by  agent,  pay  the  taxes,  S])ecial  assess- 
ments, interest  and  costs  due  thereon,  to  the  county  collector  of  the 
county,  in  which  the  same  arc  situated,  at  any  time  before  sale.  [As 
amended  by  act  approved  May  29,  1879.  In  force  July  1,  1879.  L. 
1879,  ]).  219. 

773.  Payments  reported  — lists  corrected.]  §190.  On  the  first 
day  of  the  term  at  which  judgment  on  delimpient  lands  and  lots  is 
prayed,  it  shall  be  the  duty  of  the  collector  to  report  to  the  clerk  all 
the  lands  or  lots  as  the  case  may  be,,  upon  which  taxes  and  special 
assessments  have  been  paid,  if  any,  from  the  filing  of  the  list  mentioned 
in  section  one  hundred  and  eighty-eight  up  to  that  time;  and  the  clerk 
shall  note  the  fact  opposite  each  tract  upon  which  such  payments  have 
been  made.  The  collector,  assisted  by  the  clerk,  shall  compare  and 
correct  said  list,  and  shall  make  and  subscribe  an  affidavit,  which  shall 
be,  as  nearly  as  may  be,  in  the  following  form : 

I,  , collector  of  the  county  of  , do  solemnly 

swear  (or  affirm,  as  the  case  may  be),  that  the  foregoing  is  a true  and  correct  list  of 
the  delinquent  lands  and  lots,  within  the  county  of  , upon  which  I have 

been  unable  to  collect  the  taxes  (and  special  assessments,  interest,  and  printer’s  fees, 
if  any),  charged  thereon,  as  required  ’ y lav,  fer  the  year  or  years  therein  set  forth; 
that  said  taxes  now  remain  due  and  unp"  ’ vl,  as  I verily  believe. 

Said  affidavit  shall  be  entered  at  the  end  of  the  list,  and  signed  by 
the  collector.  [As  amended  by  act  approved  May  29,  1879.  In  force 
July  1,  1879.  L.  1879,  p.  249. 

Sale  of  Delinquent  Lands. 

774.  Process  for  sale.]  § 194.  On  the  day  advertised  for  sale,  the 
county  clerk,  assisted  by  the  collector,  shall  carefully  examine  said  list, 
upon  which  judgment  has  been  rendered,  and  see  that  all  payments 
have  been  properly  noted  thereon,  and  said  clerk  shall  make  a certifi- 
cate, to  be  entered  on  said  i-ecord,  following  the  order  of  court  that  such 
record  is  correct,  and  that  judgment  was  rendered  upon  the  property 
therein  mentioned  for  the  taxes,  interest  and  costs  due  thereon,  which 
certificate  shall  be  attested  by  The  clerk  under  seal  of  the  court  and 
shall  be  the  process  on  which  all  real  property  or  any  interest  therein 
shall  be  sold  for  taxes,  special  assessments,  interest  and  costs  due  thereon 
and  may  be  substantially  in  the  following  form : 

I,  , clerk  of  the  county  court,  in  and  for  the  county  of  , do 

hereby  certify  that  the  foregoing  is  a true  and  correct  record  of  the  delinquent  real 
estate  in  said  county,  against  which  judgment  and  order  of  sale  was  duly  entered  in 
the  county  court  of  said  county,  on  the  day  of  18  , for  the  amount  of 

the  taxes,  special  assessments,  interest  and  costs  due  severally  thereon  as  therein  set 
forth,  and  that  the  judgment  and  order  of  court  in  relation  thereto  fully  appears  on 
said  record. 

[As  amended  by  act  approved  May  29,  1879.  In  force  July  1,  1879. 
L.  1879,  p.  249. 


Ee  VENUE.  345 

1.  Sale  of  lands  for  taxes  is  invalid  unless  the  county  clerk  has  made  the  certifi- 
cate required  by  this  section;  Sankey  v.  Seipp,  27  App.  299. 

2.  There  is  no  authority  to  sell  for  taxes  without  an  attested  copy  of  the  judgment, 
made  by  county  clerk;  Bell  Johnson,  111  111.,  381. 

775.  Entry  of  sale  — redemption.]  § 197.  When  any  tract  or  lot 
shall  be  sold,  it  shall  be  the  duty  of  the  clerk  to  enter  on  the  record, 
aforesaid,  the  quantity  sold  and  the  name  of  the  purchaser,  opposite 
such  tract  or  lot,  in  the  blank  columns  provided  for  that  purpose  ; and, 
when  any  such  property  shall  be  redeemed  from  sale,  the  clerk  shall 
enter  the  name  of  the  person  redeeming,  the  date,  the  amount  of  re- 
demption, in  the  proper  column. 

1.  See  §§  784-7. 

776.  Forfeited  tracts  noted.]  § 199.  All  tracts  or  lots  forfeited  to 
the  state  at  such  sale,  as  hereinafter  provided,  sliall  be  noted  on  said 
record. 

777.  Sale  and  redemption  record.]  § 200.  Said  book  shall  be 
known  and  designated  as  the  tax  judgment  sale,  redemption  and  for- 
feiture record,  and  be  kept  in  the  office  of  the  county  clerk.  [As 
amended  by  act  approved  May  29,  1879.  In  force  July  1,  1879.  L. 
1879,  p.  250. 

778.  Manner  of  conducting  sale.]  §201.  The  collector,  in  person 
or  by  deputy,  shall  attend  at  the  court  house  in  his  county,  on  the  day 
specified  in  the  notice  for  the  sale  of  real  estate  for  taxes,  and  then  and 
there,  between  the  hours  of  ten  o’clock  in  the  forenoon  and  four  o’clock 
in  the  afternoon,  proceed  to  offer  for  sale,  separately  and,  in  consecu- 
tive order,  each  tract  of  land  or  town  or  city  lot  in  the  said  list  on  which 
the  taxes,  special  assessments,  interest  or  costs  have  not  been  paid.  The 
sale  shall  be  continued  from  day  to  day,  until  all  the  ti’acts  or  lots  in 
the  delinquent  list  shall  be  sold  or  offered  for  sale. 

779*  How  sold.]  § 202.  The  |3erson  at  such  sale  offering  to  pay  the 
amount  due  on  each  tract  or  lot,  for  the  least  quantity  thereof,  shall  be 
the  purchaser  of  such  quantity,  which  shall  be  taken  from  the  east  side 
of  such  tract  or  lot. 

1.  On  a sale  of  land,  for  taxes,  the  contract  of  sale  is  complete  when  tbe  sale  is 
struck  off  to  the  highest  bidder;  Coombs  v.  Steere,  8 App.,  147. 

780.  Forfeiture  to  state.]  §203.  Every  tract  or  lot  so  offered  at 
public  sale,  and  not  sold  for  want  of  bidders,  shall  be  forfeited  to  the 
state  of  Illinois  : Provided,  however,  that  whenever  the  county  judge, 

county  clerk  and  county  treasurer  shall  certify  that  the  taxes  on  forfeited 
lands  equal  or  exceed  the  actual  value  of  such  lands,  the  officer  directed 
by  law  to  expose  for  sale  lands  for  delinquent  taxes  shall,  on  the  receipt  of 
such  certificate,  offer  for  sale  to  the  highest  bidder  the  tract  or  lands,  in 
such  certificate  described,  after  first  giving  ten  days’  notice  of  the  time 
and  place  of  sale,  together  with' a description  of  the  tract  or  lands  so  to 
be  offered.  And  a certificate  of  purchase  shall  be  issued  to  the  pur- 
chaser at  such  sale,  as  in  other  cases  in  this  act  provided  ; and,  the  county 
collector  shall  receive  credit  in  his  settlement  with  the  custodian  of  the 


Keven  uii:. 


;il(i 


several  funds,  for  wliicli  such  tax  was  levied  for  the  amount  not  realized 
by  such  sale.  And,  the  amount  received  from  any  such  sale  shall  be 
])aid  by  such  collector,  pro  rata,  to  the  custodian  of  the  several  funds 
cntitlc(b  thereto.  | As  amended  by  act  approved  June  2,  1881.  In 
force  July  1,  1881.  L.  1881,  p.  137. 

1.  After  forfeiture,  to  the  state,  a county  l)oard  can  neither  set  the  forfeiture  aside 
nor  al)ate  th»i  taxes  legally  assessed,  extended  and  placed  in  course  of  collection;  Mad. 
(’o.  T.  Smith,  115  111.,  328. 

2.  To  creat(*.  a forfeiture  there  must  have  been  a judgment,  a process  issued  for  the 
sale  of  the  property,  an  offer  for  sale  and  a failure  to  sell  for  want  of  bidders;  Scott 
r.  People,  2 App.,  042;  see  Smith  v.  People,  3 App.,  380;  C.  & N.  \V.  Kli,  Co.  v. 
Boiler,  7 Apj>.,  (>25. 

781.  Payment  by  purchaser.]  § 206.  The  person  purchasing  any 
tract  or  lot,  or  any  part  thereof,  shall,  fortliwith,  pay  to  the  collector  the 
amount  charged  on  each  tract  or  lot,  and  on  failure  so  to  do  the  said 
tract  or  lot  shall  be  again  ofiered  for  sale  in  the  same  manner  as  if  no 
such  sahi  had  been  made  ; and  in  no  case  shall  the  sale  be  closed  until 
payment  is  made,  or  the  tract  or  lot  again  offered  for  sale. 

782.  Certificate  of  purchase  — assignable.]  § 207.  The  county 
clerk,  on  being  requested  so  to  do,  shall  make  out  and  deliver  to  the 
purchaser  of  any  lands  or  lots  sold,  as  aforesaid,  a certificate  of  purchase, 
to  be  countersigned  by  the  collector,  describing  the  land  or  lot  sold  as 
the  same  was  described  in  the  delinquent  list,  date  of  such  sale,  the 
amount  of  taxes,  special  assessments,  interest  and  cost  for  which  the 
same  was  sold  and  that  payment  has  been  made  therefor.  If  any  per- 
son shall  become  the  purchaser  of  more  than  one  tract  or  lot,  he  may 
have  the  whole  or  one  or  more  of  them  included  in  one  certificate. 
Such  certificate  of  purchase  sliall  be  assignable  by  indorsement,  and  an 
assignment  thereof  shall  vest  in  the  assignee,  or  his  legal  representa- 
tives, all  the  right  and  title  of  the  original  purchaser. 

783.  Index  to  tax  sale  books.]  § 208.  The  county  clerk  is,  hereby, 
authorized  to  make  an  index  to  tax  sale  records  in  a book,  when  fur- 
nished by  the  county — which  index  shall  be  kept  in  the  county  clerk’s 
office  as  a public  record,  open  to  the  inspection  of  all  persons  during 
office  hours. 

Hedemptiox. 

784.  Time  of  redemption — amount.]  § 210.  Eeal  property  sold 
under  the  provisions  of  this  act  may  be  redeemed  at  any  time  before 
the  expiration  of  two  years  from  the  date  of  sale,  by  payment  in  legal 
money  of  the  United  States,  to  the  county  clerk  of  the  proper  county,  the 
amount  for  which  the  same  was  sold,  and  twenty-five  per  cent,  thereon 
if  redeemed  at  any  time  before  the  expiration  of  six  months  from  the 
day  of  sale  ; if  between  six  and  twelve  months,  fifty  per  cent.;  if  be- 
tween twelve  and  eighteen  months,  seventy-five  per  cent. ; and  if  be- 
tween eighteen  months  and  two  years,  one  hundred  per  cent,  on  the 
amount  for  which  the  same  was  sold.  The  person  redeeming  shall,  also, 
pay  the  amount  of  all  taxes  and  special  assessments  accruing  after  such 


Revenlik. 


:u7 

sale,  with  ten  per  cent,  interest  tliereon,  from  the  day  of  payment,  un- 
less such  subsequent  tax  or  special  assessment  has  been  paid  by  or  on 
behalf  of  the  person  for  whose  benefit  the  redemption  is  made,  and  not 
by  tlie  purchaser  at  the  tax  sale,  or  his  assignee. 

"By  minor  heirs  etc.]  If  the  real  property  of  any  minor  heir,  idiot 
or  insane  person  be  sold  for  non  payment  of  taxes  or  special  assess- 
ments, the  same  may  be  redeemed  at  any  time  after  sale  and  before 
the  expiration  of  one  year  after  such  disability  be  removed,  upon  the 
terms  specified  in  this  section,  and  the  payment  of  ten  per  cent,  per 
annum,  on  double  the  amount  for  wliich  the  same  was  sold,  from  and 
after  the  expiration  of  twm  years  from  the  date  of  sale  — which  re- 
demption may  be  made  by  themselves,  or  by  any  person  in  their  behalf. 

By  tenants  in  common  etc.]  Tenants  in  common  or  joint  tenants 
shall  be  allowed  to  redeem  their  individual  interest  in  real  property  sold 
under  the  provisions  of  this  act,  in  the  same  manner  and  under  the 
terms  specified  in  this  section  for  the  redemption  of  other  real  property. 

Redemption  inures  to  benefit  of  owner.]  Any  redemption  made 
shall  inure  to  the  benefit  of  the  person  having  the  legal  or  equitable 
title  to  the  property  redeemed,  subject  to  the  right  of  tlie  person  mak- 
ing the  same  to  be  re-imbursed  by  the  person  benefited. 

1.  The  county  clerk  is  the  proper  person  to  receive  the  redemption  money.  It  is 
his  duty  to  inform  the  land  owner,  seeking  to  redeem,  as  to  the  correct  amount  to  be 
paid  for  that  purpose.  So,  where  there  was  an  omission — by  mistake  of  the  clerk — 
m require  the  payment  of  taxes  subsequent  to  a sale  and  a certificate  of  redemption 
issued,  it  was  held  that  equity  would  relieve  from  the  mistake  and  protect  the  own- 
er's  title,  on  his  paying  the  amount  of  such  taxes;  Gage  v.  Scales,  100  111.,  218. 

785.  When  purchaser  suffers  land  to  be  sold  again.]  § 211. 

If  any  purchaser  of  real  estate  sold  for  taxes  or  special  assessment 
shall  suffer  the  same  to  be  forfeited  to  the  state,  or  again  sold  for  taxes 
or  special  assessment,  before  the  expiration  of  the  last  day  of  the  second 
annual  sale  thereafter,  such  purchaser  shall  not  be  entitled  to  a deed  for 
such  real  property  until  the  expiration  of  a like  term  from  the  date  of 
the  second  sale  or  forfeiture,  during  wdiich  time  the  land  shall  be  sub- 
ject to  redemption,  upon  the  terms  and  conditions  prescribed  in  this 
act ; but,  the  person  redeeming  sliall  only  be  required  to  -pay,  for  the 
use  of  such  first  purchaser,  the  amount  paid  by  him.  The  second  pur- 
chaser, if  any,  shall  be  entitled  to  the  redemption  money,  as  provided 
for  in  the  preceding  section  : Provided,  however,  it  shall  not  be  neces- 
sary for  any  municipal  corporation  which  shall  bid  in  its  own  delin- 
quent special  assessments,  at  any  sale,  in  default  of  other  bidders,  to 
]>rotect  the  property  from  subsequent  forfeitures  or  sales,  as  above  re- 
quired in  this  section.  [As  amended  by  act  approved  May  29,  1879. 
In  force  July  1,  1879.  L.  1879,  p.  250. 

786.  Books  etc.  evidence.]  § 212.  The  books  and  records  belong- 
ing to  the  office  of  county  clerk,  or  copies  thereof,  certified  by  said 
clerk,  shall  be  deemed  priraa  facie  evidence  to  prove  the  sale  of  any  land 
or  lot  for  taxes  or  special  assessments,  the  redemption  of  the  same,  or 
payment  of  taxes  or  special  assessments  thereon. 


348 


liEVENlIE. 


Clerk  to  pay  over  money  to  successor.]  The  county  clerk  shall, 
at  expiration  of  his  term  of  oflice,  pay  over  to  his  successor  in  office  all 
moneys  in  his  hands  received  for  redemption  from  sale  for  taxes  on  real 
estate.  [As  amended  by  act  approved  May  3,  1873. 

787.  Sales  in  error  — entry.]  § 213.  Whenever  it  shall  be  made  to 
appear,  to  the  satisfaction  of  the  county  clerk,  that  any  tract  or  lot  was 
sold  which  was  not  subject  to  be  taxed,'  or  upon  which  taxes  or  special 
assessments  had  been  paid  previous  to  the  sale,  he  shall  make  an  entry 
opposite  to  such  tracts  or  lots  in  the  sale  and  redemption  record  that  the 
same  was  erroneously  sold,  and  such  entry  shall  be  prima  facie  evidence 
of  the  fact  therein  stated. 

788.  Purchaser  at  erroneous  sale,  paid  back.]  § 214.  When  the 
purchaser  at  such  erroneous  sale,  or  any  one  holding  under  him,  shall 
have  paid  any  tax  or  special  assessment  upon  the  property  so  sold,  which 
has  not  been  paid  by  the  owner  of  the  propei*ty,  he  shall  have  the  right 
to  recover  from  such  owner  the  amount  he  has  so  paid,  with  ten  per 
cent,  interest,  as  money  paid  for  the  owner’s  use. 

789.  Effect  of  receipt  of  redemption  money.]  §215.  The  receipt 
of  the  redemption  money  of  any  tract  of  land  or  lot,"^by  any  purchaser, 
or  the  return  of  the  certificate  of  purchase  for  cancellation,  shall  operate 
as  a release  of  all  the  claim  to  such  tract  or  lot  under,  or  by  virtue  of 
the  purchase. 

790.  Notice.]  §216.  Hereafter,  no  purchaser  or  assignee  of  such 

purchaser,  of  any  land,  town  or  city  lot,  at  any  sale  of  lands,  or  lots,  for 
taxes  or  special  assessments,  due  either  to  the  state  or  county,  or  incor- 
porated town  or  city  within  the  same,  or  at  any  sale  for  taxes  or  levies 
otherwise,  by  the  laws  of  this  state,  shall  be  entitled  to  a deed  for  lands 
or  lots  so  purchased,  until  the  following  conditions  have  been  complied 
with,  to-wit : Such  purchaser  or  assignee  shall  serve,  or  cause  to  be 

served,  a written  or  printed,  or  partly  written  or  partly  printed  notice 
of  such  purchase,  on  every  person  in  actual  possession  or  occupancy  of 
such  land  or  lot ; also,  the  person  in  whose  name  the  same  was  taxed 
or  specially  assessed,  if  upon  diligent  inquiry,  he  or  she  can  be  found 
in  the  county,  also,  the  owners  of  or  parties  interested  in  said  land  or 
lot,  if  they  can,  upon  diligent  inquiry,  be  found  in  the  county,  at  least 
three  months  before  the  expiration  of  the  time  of  redemption  on  such 
sale  ; in  which  notice  he  shall  state  when  he  purchased  the  land  or 
lot,  in  whose  name  taxed,  the  description  of  the  land  or  lot  he  has  pur- 
chased ; for  what  year  taxed  or  specially  assessed;  and,  when  the  time  of 
redemption  will  expire  ; if  no  person  is  in  possession  or  occupancy  of 
such  land  or  lot  and  the  person  in  whose  name  the  same  was  taxed  or 
specially  assessed,  upon  diligent  inquiry,  can  not  be  found  in  the  county, 
or  the  owners  of,  or  parties  interested  in  said  land  or  lot,  upon  diligent 
inquiry,  can  not  be  found  in  the  county,  then  such  person,  or  his  assignee, 
shall  publish  such  notice  in  some  newspaper  printed  in  such  county,  and 
if  no  newspaper  is  printed  in  said  county,  then  in  the  newspaper  that  is 
published  in  this  state  nearest  to  the  county  seat  of  the  county  in  which 


Revenue. 


34!) 


such  land  or  lot  is  situated,  which  notice  shall  be  inserted  three  times, 
the  first  time  not  more  than  five  months,  and  the  last  time  not  less  than 
three  months,  before  the  time  of  redem'ption  shall  expire : Provided, 
liowever,  that  if  the  owners  of  said  land  or  lot,  or  the  parties  interested 
therein,  can  not  be  found  in  the  county,  and  the  person  in  the  actual 
occupancy  is  tenant  to,  or  is  in  possession  under  the  owner  or  party 
interested  therein,  then  service  of  said  notice  upon  such  tenant  or  occu- 
pant, shall  be  deemed  service  upon  the  owmer  or  party  interested ; And, 
provided,  further,  that  if  the  owners  or  parties  interested  are  unknown 
to  such  purchaser  or  his  assignee,  then  the  said  publication,  as  to  them, 
may  be  to  the  unknown  owmer  or  parties  interested.  [As  amended  by 
act  approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  256. 

1.  This  section,  requiring  notice  of  tax  purchase  and  redemption  period  to  be 
given,  three  months  before  the  latter  date,  is  valid;  Taylor  v.  Wright,  121  111.,  461. 

2.  Under  the  constitution  (art.  9,  § 5)  the  notice,  provided  for,  in  this  section,  is 
fundamental.  A compliance  with  its  provisions  is  an  indispensable  condition  pre- 
cedent to  the  right  to  acquire  a tax  deed;  Gage  v.  Bailey,  100  111.,  530. 

3.  Until  the  statutory  affidavit  is  made,  to  procure  tax  deed,  such_  deed  may  be  set 
aside,  by  owner  of  patent  title,  on  equitable  terms;  Gage  v.  Ilervey,’  111  111.,  *307. 

4.  The  affidavit  failing  to  contain  the  facts  required,  a deed  issued  thereon  is  void; 
regardless  of  what  the  facts  may  be;  Gage  v.  Mayer,  117  111.,  636. 

5.  An  affidavit,  for  tax  deed,  showing  an  assessment  of  taxes  against  two,  alleging 
service  by  leaving  copy  with  one,  will  not  authorize  a tax  deed;  Gage  v.  Hervey,  111 
111.,  309. 

6.  Notice,  by  publication,  which  states  the  time  of  redemption  will  expire  on  Octo- 
ber 26,  1876,  the  fact  being  that  the  redemption  period  does  not  expire  until  Novem- 
ber  26,  1876,  is  fatally  defective;  Gage  v.  Bailey,  100  111.,  532. 

7.  Parol  evidence  is  not  admissible  to  supply  defects  or  omissions  in  the  affidavit 
required;  Gage  v>.  Mayer,  117  111.,  636. 

791.  Affidavit  — evidence  — perjury.]  § 217.  Every  such  pur- 
chaser or  assignee,  by  himself  or  agent,  sliall,  before  he  shall  be  entitled 
to  a deed,  make  an  affidavit  of  his  having  complied  with  the  conditions* 
of  the  foregoing  section,  stating  particularly  the  facts  relied  on  as  such 
compliance  — which  affidavit  shall  be  delivered  to  the  person  authorized 
by  law  to  execute  such  tax  deed,  and  which  shall  by  him  be  filed  with 
the  officer  having  custody  of  the  record  of  the  lands  and  lots  sold  for 
taxes  and  entries  of  redemption  in  the  county  where  sueh  lands  or  lots 
shall  lie,  to  be  by  such  officer  entered  on  the  records  of  his  office,  and 
carefully  preserved  among  the  files  of  his  office,  and  which  record  or 
affidavit  shall  be  prirna  facie  evidence  that  such  notice  has  been  given. 
Any  person  swearing  falsely  in  such  affidavit  shall  be  deemed  guilty  of 
perjury,  and  punished  accordingly. 


Collector’s  Accounting  etc. 

792.  Collector’s  April  payment  to  local  authorities.]  § 213. 

He  shall,  within  the  same  time,  pay  over  to  the  other  proper  authori- 
ties or  persons,  the  amounts  so  shown  to  be  in  his  hands,  and  payable 
to  them. 


KkVEN'I'E. 


‘M 

793.  To  pay  cities  etc.  every  ten  days.]  § 244.  The  county  col- 
lector  shall  report  and  pay  over  the  amount  of  tax  atjd  special  assess- 
incuts,  due  to  towns,  districts,  cities,  villages,  corporations  and  persons, 
collected  l>y  him  on  deliiuiuent  ])roperty,  at  least  once  in  every  ten  days, 
when  demanded  by  the  jiroper  authorities  or  persons. 

An  act  concerning  the  apjiortionrnent  of  special  assessments  payable  in 

instalments.  Approved  A])ril  13,  1875.  In  force  July  1,  1875. 

L.,  1875,  p.  3(). 

794.  Apportionment  of  special  assessments  payable  in  instal- 

ments.] ^ 1.  I>e  it  enacted  hy  the  people  of  the  state  of  Illinois^ 
represented  in  the  general  assembly,  That,  in  all  cases  where  any  special 
assessment,  payable  in  instalments,  has  been,  or  hereafter  shall  be  made 
by  any  corporate  authority,  for  supplying  water,  or  other  corporate  pur- 
pose, and  the  owner  or  owners  of  any  lot,  block  or  parcel  of  land  so 
assessed,  or  some  of  them,  shall  desire  to  subdivide  the  same,  and  to 
apportion  such  assessment  and  the  several  instalments  thereof  in  such 
inanner  that  each  parcel  of  such  proposed  subdivision  shall  bear  its 
just  and  equitable  proportion  thereof,  the  same  may  be  done  in  the 
manner  following,  to  wit:  The  owner  or  owners  of  such  lot,  block  or 
parcel  of  land  shall  present  to  such  corporate  authority  a petition,  set- 
ting forth : J I ^ 

The  descriptive  character  of  the  assessment  and  the  date  of  the 
confirmation  of  the  same. 

2.  The  names  of  the  owners. 

3.  A description  of  the  land  proposed  to  be  subdivided,  together 
with  the  amount  of  each  instalment  thereon,  and  the  year  or  years  for 
which  the  same  are  due. 

4.  A plat  showing  the  proposed  subdivision. 

5.  The  proposed  apportionment  of  the  amount  of  each  instalment  on 
each  lot  or  parcel  according  to  such  proposed  subdivision.  Such  peti- 
tion shall  be  acknowledged  in  the  manner  provided  for  the  acknow- 
ledgment of  deeds  and,  if  such  corporate  authority  shall  .be  satisfied 
therewith,  they  shall  cause  to  be  indorsed  upon  or  attached  to  such  pe- 
tition their  approval  by  their  clerk  or  secretary,  under  their  corporate 
seal,  and  the  same,  so  approved,  shall  be  filed  and  recorded  in  the  office 
of  the  county  clerk  in  which  such  land  shall  be  situate,  and  such  ap- 
portioned assessment  shall  stand  in  place  of  the  original  assessment,  and 
the  same  and  the  several  instalments  thereof  shall  be  deemed  duly  ap- 
portioned, and  the  several  amounts  so  apportioned  shall  be  liens  upon 
the  several  parcels  charged,  respectively ; and,  for  the  purpose  of  col- 
lecting the  same,  all  proceedings  shall  be  had  and  taken  as  if  said  assess- 
ment and  instalments  had  been  made  and  apportioned  in  the  first  in- 
stance according  to  such  apportioned  description  and  amounts,  and  the 
respective  owners  shall  be  held  to  have  waived  every  and  all  objections 
to  such  assessment  and  the  apportionment  aforesaid  : Provided,  this  act 
shall  not  apply  to  any  lot,  block  or  parcel  of  land  on  which  there  shall 
remain  due  and  unpaid  anj^  instalment.  In  case  the  owners  are  unable 


Kevenue. 


351 


to  agree  as  to  such  apportionment,  or  any  of  them  are  under  legal  disa- 
bility, one  or  more  of  them  may  file  a petition  with  the  circuit  court  of 
the  county  in  wdncli  such  land  so  assessed  is  situate,  sul)stantially  in 
form  as  hereinbefore  provided  ; and  in  such  case  such  corporate  autho- 
rity, together  with  all  owners  or  persons  interested,  not  joined  as  peti- 
tioners and  unknown  owners,  if  any,  shall  be  made  parties  defendant, 
and  all  proceedings  in  relation  thereto  shall  be  had  as  in  cases  in  chan- 
cery. The  court  may  hear  and  determine  the  case  according  to  the 
right  of  the  matter.  A copy  of  the  record  of  the  proceedings  of  the 
court  in  the  premises  in  case  of  an  apportionment,  duly  certified,  shall 
be  filed  and  recorded  in  the  office  of  such  county  clerk,  and  the  same 
shall,  thereupon,  as  to  the  land  therein  embraced,  the  owners  thereof, 
the  apportionment  aforesaid,  and  the  collection  of  the  several  amounts 
apportioned,  have  the  same  force  and  effect -as  is  hereinbefore  provided 
in  cases  where  such  corporate  authorities  shall  approve  of  a petition 
and  file  and  record  the  same. 

An  act  to  restore  uniformity  in  the  taxation  of  real  and  personal  pro- 
perty, for  all  purposes,  in  the  several  counties  and  cities  of  this  state. 
[Approved  January  4,  1872.  In  force  July  1,  1872.  K.  S.,  1874, 
ch.  120. 

795.  Uniformity  restored.]  § 1.  it  enacted  hy  the  'people  of 
the  state  of  Illinois^  represented  in  the  general  assembly^  That,  the  real 
and  personal  property  within  all  incorporated  towns  and  cities  in 
every  county  in  this  state  shall  be  taxable  for  all  purposes,  any  local  or 
special  law  in  regard  to  exemption  of  any  particular  town  or  city  to 
the  contrary  notwithstanding ; and,  all  provisions  of  law  in  conflict  with 
this  act  are  hereby  repealed ; but,  no  thing  herein  shall  be  construed 
as  authorizing  the  taxation  of  property  allowed  to  be  exempt  by  any 
general  law  now  in  force  or  that  may  hereafter  be  passed.  And,  all 
laws  requiring  any  city  to  support  and  provide  for  its  paupers,  to  as- 
sume liabilities,  or  perform  duties  required  of  counties,  by  the  general 
laws  of  this  state,  are  hereby  repealed ; and  the  general  laws  of  this 
state  upon  such  subjects,  in  relation  to  counties  and  cities,  shall  be  ap- 
plicable to  all  counties  and  cities  in  the  state. 

An  act  in  relation  to  the  collection  of  taxes  and  special  assessments. 

[Approved  and  in  force  May  2,  1873.  R.  S.,  1874,  ch.  120. 

796.  City  may  buy  in  at  sale.]  § 3.  Any  incorporated  city,  town 
or  village,  or  corporate  authorities,  commissioners,  or  persons  interested 
in  any  such  special  assessment  or  instalment  thereof,  may  become  pur- 
chaser at  any  sale,  and  may  designate  and  appoint  some  officer  or  per- 
son to  attend  and  bid  at  such  sale  on  its  behalf. 

1.  A municipal  corporation,  in  tlie  absence  of  any  enabling  statute,  is  without  au- 
thority of  law  to  become  a purchaser  of  lands  or  lots  at  a tax  sale  and  to  acquire  a title, 
by  complying  with  the  statute  in  respect  to  such  sales.  The  general  power  to  buy 
and  hold  real  estate  does  not  authorize  such  a purchase;  Champaign  ??.  Harmon,  98 
111.,  491. 


liKVP:NlJE. 


An  act  to  ])rcvent  tlie  unjust  collection,  by  incorporated  cities  and  towns, 
of  taxes  levied  upon  property  destroyed  by  fire,  and  to  authorize  the 
common  council  of  such  cities,  or  board  of  trustees  of  such  towns,  to 
change  or  amend  appropriation  bills,  to  pass  new  appropriation  bills, 
to  reduce  taxes  and  special  assessments,  in  certain  cases,  and  to  dis- 
continue special  improvements.  [Approved  and  in  force  January  18 
1872.  It.  S.,  1871,  ch.  120.  ’ 

797.  Rebate  of  tax  when  property  destroyed.]  § 1.  Be  it  en- 
acted hij  the  2>eo2)le  of  the  state  of  Illinois^  represented  in  the  general 
assernhltj,  That,  whenever,  in  any  incorporated  city  or  town  in  this 
state,  any  property  listed  or  assessed  for  municipal  taxation,  shall  have 
been  or  shall  hereafter  be  destroyed  by  fire,  in  whole  or  in  part,  before 
the  levy  of  the  municipal  taxes  of  such  city  thereon,  or  before  the  mu- 
nicipal taxes  levied  thereon  shall  have  been  collected,  it  shall  and  may 
be  lawful  for  the  mayor  of  such  city  or  town  — if  there  be  no  mayor, 
then  the  president  of  the  board  of  trustees,  the  city  comptroller,  if  there 
should  be  one  ; and  if  not,  then  the  city  clerk  or  town  clerk,  and  the 
tax  commissioner,  if  there  should  be  one ; if  not,  then  the  chairman  of 
the  finance  committee  of  the  city  council,  or  board  of  trustees  — to  re- 
bate or  remit  so  much  of  such  tax  or  taxes,  so  levied  upon  such  property, 
as,  in  their  opinion,  should  be  rebated  or  remitted  by  reason  of  such  pro- 
perty having  been,  in  whole  or  in  part,  destroyed  by  fire. 

798.  Reduce  or  release  tax  or  assessment.]  § 2.  That,  whenever, 
in  any  incorporated  city  or  town  in  this  state,  any  large  portion  of  the 
taxable  property  of  such  city  shall  have  been  or  shall  hereafter  be  de- 
stroyed by  fire,  so  as  to  seriously  impair  or  affect  the  ability  of  the  pro- 
perty owners  of  such  city  or  town  to  pay  taxes  or  special  assessments 
thereon,  and  an  appropriation  bill  has  been  made  or  passed,  or  special 
improvements  ordered  before  such  fire,  and  the  tax  or  assessment  for 
the  payment  or  raising  of  the  same  has  not  been  levied  or  collected,  it 
may  be  lawful  for  the  city  council  or  board  of  trustees  of  any  such  town  to 
alter,  revise,  change,  reduce  or  vacate,  or  repeal  such  appropriation  bill, 
or  any  part  of  the  same,  and  to  order  the  discontinuance  of  said  special 
improvements,  or  any  of  the  same,  or  to  reduce  the  amount  of  taxes  or 
special  assessments  ordered  to  be  levied,  or  assessed,  or  collected  for  any 
general  or  special  purpose,  and  to  pass  a new  appropriation  bill ; which 
new  appropriation  bill  shall  have  the  same  force  and  effect  as  if  the 
same  had  been  passed  within  the  time  prescribed  by  the  charter  of  any 
such  city  or  such  corporate  town. 

An  act  to  refund  illegal  taxes.  [Apj)roved  June  27,  1885.  In  force 
July  1,  1885.  L.  1885,  p.  61. 

799.  City  empowered  to  refund  tax  illegally  collected.]  § 1. 

Be  it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the 
general  assembly,  That,  whenever,  in  any  of  the  cities  of  this  state,  any 
taxes  for  city  purposes  have  been  collected  and  paid  in  to  the  city  treas- 
ury without  authority  of  law,  and  the  city  council  of  such  cities  have 
caused  certificates  to  be  issued  to  the  persons  or  corporations  who  have 


Rkvenue. 


353 

paid  such  illegal  taxes,  certifying  that  such  taxes  were  illegally  assessed 
and  collected,  the  city  council  of  such  cities  are  hereby  authorized  to 
make  an  appropriation,  as  soon  as  possible  after  this  act  shall  take  effect, 
for  the  purpose  of  refunding  such  illegal  taxes,  with  six  per  cent,  in- 
terest per  annum  from  the  date  of  such  certificates,  and  warrants  shall 
be  drawn  for  the  payment  of  such  sums  and  interest,  out  of  the  fund 
so  appropriated,  to  the  persons  or  corporations  who  obtained  such  cer- 
tificates, or  their  assignees  or  legal  representatives,  in  the  usual  manner 
prescribed  by  the  charter  of  said  cities,  or  by  the  general  law : Provided, 
such  certificates  are  presented  to  the  comptroller  of  such  cities  for  ex- 
change for  warrants  within  two  years  after  this  act  shall  go  into  effect. 
And  the  treasurers  of  any  such  cities  shall  pay  said  w^arrants  out  of  said 
appropriations. 

1.  To  make  a municipality  liable  to  refund  taxes,  that  have  been  paid  to  the  col- 
lector. three  things  are  essential.  (1)  The  tax  must  have  been  illegal  and  void — not 
merely  irregular;  (2)  It  must  have  been  paid  under  compulsion,  or  its  equivalent,  in 
law;  (3)  It  must  have  been  paid  over,  by  the  collecting  officer,  and  received  to  the 
use  of  the  municipality;  Lyons  v.  Cook,  9 App,,  543. 

An  act  to  provide  for  the  manner  of  issuing  warrants  upon  the  treas- 
urer of  any  county,  township,  city,  school  district  or  other  municipal 
corporation,  and  juror’s  certificates.  [Approved  May  31,  1879.  In 
force  July  1,  1879.  L.  1879,  p.  78. 

800.  When  warrants  may  be  drawn  on  county  treasurer  etc.] 

§ 1.  Be  it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the 
general  assembly^  That,  warrants  payable  on  demand  shall  hereafter  be 
drawn  and  issued  upon  the  treasurer  of  this  state  or  of  an}^  county, 
township,  city,  school  district  or  other  municipal  corporation,  or  against 
any  fund  in  his  hands  only  when,  at  the  time  of  the  drawing  and  issu- 
ing of  such  warrants,  there  shall  be  sufficient  money  in  the  appropriate 
fund  in  the  treasury  to  pay  said  warrants. 

801.  May  be  issued  in  anticipation  of  taxes.]  § 2.  That,  when- 
ever there  is  no  money  in  the  treasury  of  any  county,  township,  city, 
school  district  or  other  municipal  corporation  to  meet  and  defray  the 
ordinary  and  necessary  expenses  thereof,  it  shall  be  lawful  for  the 
proper  authorities  of  any  county,  township,  city,  school  district  or  other 
municipal  corporation,  to  provide  that  warrants  may  be  drawn  and 
issued,  against  and  in  anticipation  of  the  collection  of  any  taxes,  already 
levied  by  said  authorities  for  the  payment  of  the  ordinary  and  neces- 
sary expenses  of  any  such  municipal  corporation,  to  the  extent  of  sev- 
enty-five per  centum  of  the  total  amount  of  any  said  tax  levy  ; Provided, 
that  warrants  drawn  and  issued  under  the  provisions  of  this  section 
shall  show  upon  their  face  that  they  are  payable  solely  from  said  taxes 
when  collected,  and  not  otherwise,  and  shall  be  received  by  any  collec- 
tor of  taxes  in  payment  of  the  taxes  against  which  they  are  issued,  and 
which  taxes,  against  which  said  warrants  are  drawn,  shall  be  set  apart 
and  held  for  their  payment. 


Riot. 


29.  JUOT. 


Section.  Section. 

802.  City  or  county  ]iul)lo  for  damages.  800.  Action  by  city  or  county  against  ri* 
80o.  Action,  how  brouglit  — judgment.  oters. 

804.  When  recovery  may  l)e  had.  807.  Claim  for  damages  — when  action  to 

805.  Action  by  narty  against  rioters — lien  be  brought. 

808.  When  city  or  county  settles  claim. 

An  act  to  imleninify  tlie  owners  of  property  for  damages  occasioned 

by  mobs  and  riots.  [Approved  June  15,  1887.  In  force  July  1 
1887.  L.  1887,  p.  237.  ’ 

802.  City  or  county  liable  for  damages.]  § 1.  JJe  it  enacted  hy 
the  people  of  the  state  of  Illinois,  represented  in  the  general  assembly , 
That,  wlienever  any  building  or  other  real  or  personal  property,  except 
property  in  transit,  shall  be  destroyed  or  injured  in  consequence  of  any 
mob  or  riot,  composed  of  twelve  or  more  persons,  the  city,  or  if  not  in 
a city  then  the  county  in  which  such  property  was  destroyed,  shall  be 
liable  to  an  action  by  or  in  behalf  of  the  party  whose  property  was  de- 
stroyed or  injured,  for  three-fourths  of  the  damages  sustained  by  reason 
thereof. 

803.  Action,  how  brought — judgment]  § 2.  Such  action  maybe 
brought  in  the  form  of  an  action  on  the  case,  or  other  appropriate  ac- 
tion, and  wlienever  any  hnal  judgment  shall  be  secured"  against  any 
such  city  or  county  in  any  such  action,  the  same  shall  be  paid  in  due 
course,  as  in  case  of  other  judgments. 

804.  When  recovery  may  be  had.]  § 3.  Ko  person  or  incorpora- 
tion shall  be  entitled  to  recover  in  any  such  action  if  it  shall  appear,  on 
the  trial  thereof,  that  such  destruction  or  injury  of  property  was  occa- 
sioned, or  in  any  way  aided,  sanctioned  or  permitted  by  the  careless- 
ness, neglect  or  wrongful  act  of  such  person  or  corporation  ; nor  shall 
any  person  or  corporation  be  entitled  to  recover  any  damages  for  any 
destruction  or  injury  of  property,  as  aforesaid,  unless  such  party  shall 
have  used  all  reasonable  diligence  to  prevent  such  damage. 

805.  Action  by  party  against  rioters  — lien  etc.]  § 4.  Nothing 
in  this  act  shall  be  construed  to  prevent  any  person  or  corporation 
whose  property  has  been  injured  or  destroyed  in  consequence  of  any 
mob  or  riot,  from  having  or  maintaining  an  action,  or  actions,  against 
any  person  or  persons,  engaged  or  in  any  manner  participating  in  such 
mob  or  riot,  for  the  recovery  of  the  damages  sustained  thereby : Pro- 
vided. that  when  such  city  or  county  shall  have  paid  any  part  of  such 
damage,  such  city,  or  county  making  such  payment  shall  have  a lien  to 
the  amount  so  paid  upon  any  judgment  or  claim,  against  any  person  or 
persons  engaged  in,  or  in  any  manner  participating  in  such  mob  or 
riot,  together  with  the  right  and  power  to  enforce  and  collect  such 
judgment  or  claim  and,  when  such  city  or  county  shall  have  been  re- 
imbursed the  mone}^  so  paid  by  it,  such  portion  of  such  judgment  or 
judgments,  or  claim  or  claims  remaining  unpaid  shall  then  revert  to,. 


Koads  and  Bridges. 


and  become  the  property  of  the  original  owner  thereof,  and  such  owner 
shall  have  the  right  to  enforce  and  collect  the  same. 

806.  Action  by  city  or  county  against  rioters.]  §5.  It  shall  be 
lawful  for  the  city  or  county  against  which  a judgment,  or  judgments, 
for  damages  shall  be  recoverd  under  the  provisions  of  this  act,  to  bring 
an  action,  or  actions,  against  any  person  or  persons  engaged  or  in  any 
manner  participating  in  said  mob  or  riot,  for  the  recovery  of  the 
amount  of  said  judgment  or  judgments  and  costs,  and  such  action  shall 
not  abate  or  fail  by  reason  of  too  many  or  too  few  parties  defendant 
being  named  therein  ; the  same  shall  to  all  intents  and  purposes  be 
treated  as  an  action  of  trespass  brought  by  the  owners  of  such  property, 
except  that  the  statute  of  limitations  as  to  such  action  shall  not  begin  to 
run  against  said  city  or  county  until  its  liability  is  fixed  by  judgment 
as  hereinbefore  provided. 

807.  Claim  for  damages  — when  action  to  be  brought.]  § 6. 

'No  action  shall  be  maintained,  under  the  provisions  of  this  act,  by  any 
person  or  corporation  whose  property  shall  have  been  destroyed  or  in- 
jured, as  aforesaid,  unless  notice  of  claim  for  damages  be  presented  to 
such  city  or  county  wnthin  thirty  days  after  such  loss  or  damage  occurs 
and  such  action  shall  be  brought  within  twelve  months  after  such  de- 
struction or  injury  occurs,  but  no  thing  in  this  act  shall  be  construed  as 
authorizing  any  recovery  by  the  United  States,  the  state  of  Illinois,  or 
any  county,  for  the  destruction  of,  or  injury  to  property  by  mobs  or  riots. 

808.  When  city  or  county  settles  claim.]  § 7.  Any  city  or  county 
may  settle  with,  and  pay,  the  owner  of  any  such  property  the  damages 
so  sustained ; and,  any  such  city  or  county  which  shall  have  paid  any 
sum  under  the  provisions  of  this  act,  whether  by  voluntary  settlement 
or  otherwise,  may  recover  the  same  with  all  costs  paid  hy  it  from  any 
or  all  the  persons  engaged  in  the  destruction  or  injury  of  the  property 
so  paid  for. 

30.  KOADS  AND  BRIDGES. 

Section.  Section. 

809.  Highway  commissioners  — certificate  810.  Tax  of  town  or  village.  >- 

— tax  extended  — how  collected  811.  Injuring  sidewalk,  bridge  etc. 
and  paid.  81^.  Proceeding  for  recovery  of  penalties. 

An  act  to  amend  section  sixteen  of  an  act  entitled  “ An  act  in  regard 
to  roads  and  bridges  in  counties  under  township  organization,  and  to 
repeal  an  act  and  parts  of  acts  therein  named  ”,  approved  June  3, 
1883,  in  force  July  1,  1883.  [Approved  June  3.  1889.  In  force 
July  1,  1889.  L.  1889,  p.  229. 

§ 1.  Be  it  enacted  hy  the  people  of  the  state  of  Illinois^  represented 
in  the  general  assemhly,  That,  section  sixteen  of  an  act  entitled  ‘‘An 
act  in  regard  to  roads  and  bridges  in  counties  under  township  organiza- 
tion, and  to  repeal  an  act  and  parts  of  acts  therein  named  ”,  approved 
June  23,  1883,  in  force  July  1,  1883,  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows : 


Roads  axd  Rkidgks. 


:r)r> 

809.  Highway  commissioners  — certificate  — tax  extended  — 
how  collected  and  paid.]  § 16.  The  commissioners,  at  said  semi-an- 
nual meeting,  shall  make  a certificate  of  the  rate  per  centum  finally 
agreed  u]>on  by  virtue  of  sections  thirteen  and  fourteen  of  this  act;  also 
tlie  amount  to  liquidate  road  and  ditch  damages,  and  shall  cause  such  cer- 
tificate to  be  delivered  to  the  town  clerk,  to  be  kept  by  him  on  file  for 
the  inspection  of  the  inhabitants  of  said  town,  and  the  town  clerk  shall 
at  once  certify  these  two  items  of  levy  to  the  county  clerk,  to  be  by 
liiiii  extended,  as  one  tax,  upon  the  collector’s  book  of  said  town,  to  be 
collected  as  other  taxes,  and,  when  collected,  shall  be  paid  to  the  treas- 
urer of  the  commissioners  by  the  collector  as  fast  as  the  same  is  col- 
lected, except  such  rate  per  cent,  as  shall  be  allowed  for  collecting  the 
same:  Provided,  that  one-half  the  tax  required  to  be  levied  in  sections 
thirteen  and  fourteen  and  collected  for  road  and  bridge  purposes,  on 
the  property  lying  within  an  incorporated  village,  town  or  city  in 
which  the  streets  and  alleys  are  under  the  care  of  the  corporation,  shall 
be  paid  over  to  the  treasurer  of  such  village,  town  or  city,  to  be  appro- 
priated to  the  improvement  of  roads,  streets  and  bridges,  either  within 
or  without  said  village,  town  or  city  and  within  the  township,  under 
the  direction  of  the  corporate  authorities  of  such  village,  town  or  city; 
And,  provided,  further,  that  when  any  of  said  tax  is  expended  beyond 
the  limits  of  said  village,  town  or  city,  it  shall  be  with  the  consent  of 
the  road  commissioners  of  the  town  ; Provided,  further,  that  in  all 
cities  of  thirty-five  thousand  (35,000)  inhabitants  or  upwards,  all  of 
said  tax  required  to  be  levied  and  collected  under  said  sections  thirteen 
and  fourteen  within  the  limits  of  such  city,  shall  be  paid  over  to  the 
treasurer  of  such  city  for  city  purposes. 

An  act  in  regard  to  roads  and  bridges,  in  counties  under  township 

organization  and  to  repeal  an  act  and  parts  of  acts  therein  named. 

[Approved  June  23,  1883.  In  force  July  1,  1883.  L.  1883,  p.  137. 

810.  Tax  of  town  or  village.]  § 83.  The  commissioners  of  high- 
ways of  each  town  shall  annually  ascertain,  as  near  as  practicable,  how 
much  money  must  be  raised  by  tax  on  real  and  personal  property,  and 
railroad  property  known  as  ‘‘railroad  track”  and  “ rolling  stock  ”,  for 
the  making  and  repairing  of  roads  only,  to  any  amount  they  may  deem 
necessary,  not  exceeding  forty  cents  on  each  one  hundred  dollars’ 
worth,  as  equalized  and  assessed  by  the  state  board  of  equalization,  for 
the  purposes  of  taxation  for  the  previous  year,  and  shall  levy  and  assess 
the  same  as  a road  tax  against  property : Provided,  that  the  tax  on  the 
property  levied  for  road  purposes  only,  lying  within  an  incorporated 
village,  town  or  city  in  which  the  streets  and  alleys  are  under  the  care 
of  the  corporation,  shall  be  paid  over  to  the  treasurer  of  such  village, 
town  or  city,  to  be  appropriated  to  the  improvement  of  roads,  streets 
and  bridges,  either  within  or  without  said  village,  town  or  city,  and 
within  the  township,  under  the  direction  of  the  corporate  authorities 
of  such  village,  town  or  city ; Provided,  further,  that  when  any  of  said 


Koads  and  Bui  dues. 


357 


tax  is  expended  beyond  the  limits  of  said  village,  town  or  city,  it  shall 
be  with  the  consent  of  the  road  commissioners  of  the  town ; And,  pro- 
vided, further,  that  the  authorities  of  such  incorporated  town,  city  or 
village,  may,  at  any  time,  direct  the  collector  not  to  collect  the  tax  so 
levied  within  the  limits  of  such  incorporated  town,  city  or  village. 

An  act  to  provide  for  the  organization  of  road  districts,  the  election  and 
duties  of  officers  therein,  and  in  regard  to  roads  and  bridges,  in  coun- 
ties not  under  township  organization,  and  to  repeal  an  act  and  parts 
of  acts  therein  named.  [Approved  Mav  4,  1887.  In  force  July  1, 
1887.  L.  1887, -p.  266. 

811.  Injuring  sidewalk,  bridge  etc.]  § 12.  If  any  person  shall 
purposely  destroy  or  in  jure  any  sidewalk,  public  bridge,  culvert  or  cause- 
way, or  remove  any  of  the  timber  or  plank  thereof,  or  obstruct  the  same, 
he  shall  forfeit  a sum  not  less  than  three  nor  more  than  one  hundred 
dollars,  and  shall  be  liable  for  all  damages  occasioned  thereby  and  all 
necessary  costs  for  rebuilding  or  repairing  the  same. 

812.  Proceeding  for  recovery  of  penalties.]  § 13.  All  suits  for 
the  recovery  of  any  fine  or  penalty  under  this  act  shall  be  brought  in 
the  name  of  the  district  in  which  the  offense  is  committed,  before  any 
justice  of  the  peace  or  police  magistrate  within  the  district,  who  shall 
have  jurisdiction  in  such  cases  to  the  extent  of  their  jurisdiction  in  other 
cases  ; and,  it  shall  be  the  duty  of  the  commissioners  to  seasonably  prose- 
cute for  all  fines  and  penalties  under  this  act;  but,  in  case  of  a failure  of 
said  officers  to  so  prosecute,  complaint  may  be  made  by  any  person : 
Provided,  said  person  shall,  before  bringing  suit  in  the  name  of  the  dis- 
trict, give  a bond  for  costs,  as  is  provided  for  in  the  case  of  non  resi- 
dents. But,  whenever  any  person  shall  enter  complaint  to  any  road 
commissioner  it  shall  be  the  duty  of  such  commissioner  to,  at  once,  pro- 
ceed to  investigate  as  to  the  reasons  of  such  complaint,  and  if  such  com- 
plaint is  found  to  be  just  he  shall  at  once  proceed  to  prosecution  ; Pro- 
vided, further,  that  the  commissioners  may  sue  and  be  sued  on  all  con- 
tracts entered  into  by  them  for  the  construction  and  repairing  of  roads 
and  bridges,  and  the  judgment  in  any  such  case  against  the  commis' 
sioners  shall  be  a district  charge. 

1.  The  statute  in  regard  to  security  for  costs  by  non  residents  (May  30,  1881,  L. 
1881,  p.  104)  reads  thus:  “ No  person  who  is'not  a resident  of  this  state  shall  com- 
mence any  action,  before  a justice  of  the  peace,  until  such  non  resident  shall  file,  with 
the  justice  before  whom  such  action  may  be  brought,  a bond,  with  sufficient  se^ 
curity,  for  the  payment  of  all  costs  which  may  be  awarded  against  the  plaintiff, 
should  he  fail  in  his  suit;  which  bond  shall  be  in  the  following  form,  as  near  as  may 
be,  inserting  the  names  of  the  parties,  the  district  and  state* 

State  of  Illinois,  [ 


District. 


, Justice  of  the  Peace. 


I,  E.  F.,  do  enter  myself  security  for  all  costs  that  may  accrue  in  the  above  cause. 
Dated  this  day  of  , 


E.  F. 


Sale  of  Property. 


31.  SALE  OF  PliOPERTY. 

Section.  Section. 

bl3.  Cities  and  villages  may  sell — when  815.  Deeds  of  conveyance, 
and  how. 

814.  Ordinance — notice  to  bid — acceptance  or  refusal  of  bid. 

An  act  to  aiitliorizo  cities  and  villages  to  convey  any  real  or  personal 
estate,  or  their  right  and  title  therein,  when  the  same  shall  be  no  longer 
necessary  for,  or  profitable  to,  or  its  longer  retention  be  for  the  best 
interests  of  such  city  or  village.  [Approved  March  22,  1889.  In 
force  Jnly  1,  1889.  L.  1889,  p.  85. 

813.  Cities  and  villages  may  sell — when  and  how.]  § 1.  Be  it 

enacted  hy  thejpeople  of  the  state  of  Illinois^  represented  in  the  general 
assembly^  That,  any  cit}^  or  village,  incorporated  under  any  general  or 
special  law  of  this  state,  which  shall  have  acquired  or  hold  any  real  or 
personal  estate  for  any  purpose  whatsoever,  is  hereby  authorized  and 
empowered  by  ordinance  passed  by  three- fourths  of  the  members  of  the 
city  council  of  any  such  city,  or  of  the  board  of  trustees  of  any  such  vil- 
lage, at  any  regular  or  at  any  special  meeting  called  for  such  purpose, 
to  sell  such  property  when  the  same  shall,  in  the  opinion  of  such  ma- 
jority of  such  city  council  or  board  of  trustees,  be  no  longer  necessary, 
appropriate  or  required  for  the  use  of  such  city  or  village,  or  profitable 
to,  or  its  longer  retention  be  for  the  best  interests  of  such  city  or  vil- 
lage. 

814.  Ordinance  — notice  to  bid  — acceptance  or  refusal  of  bid.] 

§ 2.  Such  ordinance  shall  specify  the  location  of  such  real  or  personal 
estate,  and  the  use  thereof,  of  whatever  kind  the  same  may  be,  and  be- 
fore any  sale  shall  be  made  under  or  by  virtue  of  any  such  ordinance, 
by  the  city  council  of  any  such  city,  or  the  board  of  trustees  of  any  such 
village,  such  ordinance  and  proposal  to  sell  shall  be  published  in  one  of 
its  daily  or  weekly  papers  for  a period  of  not  less  than  sixty  days,  and 
if  no  paper  be  published  in  such  city  or  village,  then  it  shall  be  pub- 
lished in  some  paper  of  general  circulation  in  this  state  nearest  to  such 
city  or  village.  Such  notice  shall  contain  an  accurate  description  of 
such  property,  the  purpose  for  which  it  is  used,  and  at  what  meeting 
the  bids  will  be  considered  and  opened,  and  shall  advertise  for  sixty 
days  for  bids  therefor.  All  such  bids  shall  be  opened,  only,  at  a regular 
meeting  of  such  city  council  or  board  of  trustees,  and  shall  be  accepted 
only  upon  a vote  of  three-fourths  of  the  members  of  such  city  council 
or  board  of  trustees:  Provided,  however,  that  the  city  council  or  board 

of  trustees  may  by  a majority  vote  reject  any  and  all  bids. 

815.  Deeds  of  conveyance.]  § 3.  Upon  any  bid  having  been  ac- 
cepted and  the  purchase  price  duly  paid  or  secured,  the  mayor  and  city 
clerk,  or  the  president  of  the  board  of  trustees  and  the  clerk  of  such 
board,  shall  have  the  power  to  convey  such  real  and  personal  estate  and 
transfer  the  same,  to  such  party  or  parties  whose  bids  have  been  ac- 
cepted, by  proper  deed  or  deeds  of  conveyance,  stating  therein  the 
price  therefor,  with  the  seal  of  the  corporation. 


Schools. 


359 


32.  SCHOOLS. 


Section. 

816.  Powers  of  directors. 

817.  Cities  and  villages,  not  under  special 

charter,  subject  to  general  law. 

818.  Board  of  education,  how  constituted 

— membership. 

819.  President — election — term  of  office. 

820.  President  — duties  of. 

821.  Members  annually  elected. 

822.  Notice  of  election  — form  of. 

823.  Failure  to  give  notice. 

824.  Election,  how  conducted. 

825.  First  election,  under  this  act. 

826.  Powers  and  duties  of  board. 

827.  Expenditure  of  money  decided  by 

yea  and  nay  vote. 

828.  Powers  exercised  only  at  regular  or 

special  meeting. 

829.  Title  to  realty  vests  in  school  trus- 

tees, in  trust. 

830.  Moneys  held  as  a special  fund,  sub- 

ject to  order  of  board. 

831.  Schools  under  special  charters  may 

adopt  this  act  — proceeding. 

832.  Organization  hereunder  — elections. 

833.  Boards  in  cities  of  over  100,000  in- 

habitants— term  of  office — present 
incumbents. 

834.  Member -hip  — eligibility. 

835.  Officers  and  employes  — duties  and 

compensation. 

836.  Record  of  proceedings. 

837.  Power  and  duties  of  board,  when 

city  council  concurs. 

838.  Powers  of  board. 

839.  Duties  of  board. 

840.  Powers  exercised  only  at  regular  or 

special  meeting. 

841.  Title  to  realty  vests  in  city  council, 

in  trust. 

842.  Moneys  held  as  a special  fund,  sub- 

ject to  board’s  order. 

843.  Expenditures  confined  to  specified 

receipts  and  appropriations. 

844.  Board  exclusively  governs  schools. 

845.  Fines  and  forfeitures,  disposal  of. 


Section. 

846.  Wrongful  use  of  funds. 

847.  Use  of  fund  in  aid  of  sectarianism. 

848.  Exclusion  of  child,  for  color. 

849.  Statute,  how  to  be  construed. 

850.  J udgment — execution — mandamus. 

851.  Compensation  not  allowed. 

852.  Officers  hold  over. 

853.  School  directors  — appointment  in 

certain  cases. 

854.  How  appointed. 

855.  Board,  organization  of— powers  and 

duties  of. 

856.  Tax  for  school  purposes. 

857.  Board  of  education  under  special 

act. 

858.  Petition  — election  — notice. 

859.  Repealing  clause. 

860.  Emergency. 

861.  Assumption  of  prior  debts  created 

by  city. 

862.  Cities  of  20,000  to  100,000,  control  of 

schools. 

862a.  Taxation. 

862b.  Record  of  proceedings. 

862c.  Emergency. 

862d.  Compulsory  education — attendance 
required. 

862e.  Violation  of  act  — penalty. 

862f.  Truant  officers. 

862g.  Recovery  of  fines  and  penalties. 
862h.  Evasion  of  statute. 

863.  Power  to  convey  property  to  school 

officers. 

864.  Non  user  — reversion  — reconvey- 

ance. 

865.  Trustees,  under  special  charters,  to 

account  and  cease. 

866.  Repeal. 

867.  Realty  may  be  conveyed  for  school 

purposes. 

868.  Expense  of  election  of  trustee,  how 

paid 

8 !9.  Expense  of  election  of  directors, 
how  paid. 

870.  Tax  levy. 


An  act  to  establish  and  maintain  a system  of  free  schools.  [Approved 
and  in  force  May  21,  1889.  L.,  1889,  p.  256. 


Article  Y — Board  of  Directors. 

8i6.  Power  of  directors.]  § 27.  The  board  of  school  directors 
shall  be  clothed  with  the  following  additional  powers : 

First  — To  use  any  funds  belonging  to  their  district  and  not  other- 
wise appropriated  for  a suitable  book  for  their  records.  And,  the  said 
records  shall  be  kept  in  a punctual,  orderly  and  reliable  manner. 


3G0 


Schools. 


Second  — Said  directors  may,  where  they  deem  the  amount  of  labor 
done  sufficient  to  justify  it,  allow  the  clerk  of  such  board  of  directors, 
out  of  any  funds  not  otherwise  appropriated,  compensation  for  duties 
actually  j)erformed. 

Third  — They  shall  have  power  to  dismiss  a teacher  for  incompe- 
tency, cruelty,  immorality  or  other  sufficient  cause. 

Fourth — They  shall  have  power  to  assign  pupils  to  the  several 
schools  in  the  district,  to  admit  non  residents,  when  it  can  be  done 
without  ])rejudice  to  the  rights  of  resident  pupils,  to  fix  rates  of  tuition, 
collect  and  pay  the  same  to  the  township  treasurer  for  the  use  of  said 
districts. 

Fifth  — They  may  suspend  or  expel  pupils  who  may  be  guilty  of 
gross  disobedience  or  misconduct ; and  no  action  shall  lie  against  them 
for  such  expulsion  or  suspension. 

Sixth  — They  may  provide  that  children  under  twelve  (12)  years  of 
age  shall  not  be  confined  in  school  more  than  four  hours  daily." 

Seventh  — They  may  ap])ropriate,  for  the  purchase  of  libraries  and 
apparatus,  any  school  funds  remaining  after  all  necessary  school  ex- 
penses are  paid. 

Eighth  — When  any  school  district  owns  any  personal  property  not 
needed  for  school  purposes  the  directors  of  such  district  may  sell  such 
property  at  public  or  private  sale,  as  in  their  judgm'ent  will  be  for  the 
best  interests  of  the  district,  and  tlie  proceeds  of  such  sale  shall  be  paid 
over  to  the  treasurer  of  such  district,  for  the  benefit  of  said  school  dis- 
trict. 

Ninth  — They  may  grant  special  holidays,  whenever,  in  their  judg- 
ment, such  action  is  advisable : Provided,  no  teacher  shall  be  required 
to  make  up  the  time  lost  by  the  granting  of  such  holidays. 

Tenth — They  shall  have  the  control  and  supervision  of  all  school 
houses  in  their  district  and  may  grant  the  temporary  use  of  school 
houses,  when  not  occupied  by  schools,  for  religious  meetings  and  Sun- 
day schools,  for  evening  schools  and  library  societies  and  for  such  other 
meetings  as  the  directors  may  deem  proj^er. 

Eleventh  — They  shall  have  power  to  decide  when  the  school  house 
site,  or  the  school  buildings  have  become  unnecessary  or  unsuitable  or 
inconvenient  for  a school. 

Twelfth  — They  may  borrow  money,  and  issue  bonds  therefor,  for 
building  school  houses,  purchasing  sites,  repairing  and  improving  school 
houses,  in  the  ^vay  and  manner  provided  for  by  article  9 of  this  act. 

1.  See  § 826. 


Article  YI. — Board  of  Education. 

817.  Cities  and  villages,  not  under  special  charter,  subject  to 
general  law.J  § 1.  Incorporated  cities  and  villages,  except  such  as 
now  have  charge  and  control  of  free  schools  by  special  acts,  shall  be  and 
remain  parts  of  the  school  townships  in  which  they  are  respectively 
situated  and  be  subject  to  the  general  provisions  of  the  school  law,  ex- 
cept as  otherwise  provided  in  this  article. 


Schools. 


361 


818.  Board  of  education,  how  constituted — membership.]  § 2. 

In  all  school  districts  having  a population  of  not  less  than  one  thousand 
and  not  over  one  hundred  thousand  inhabitants  and  not  governed  by  any 
special  act  in  relation  to  free  schools  now  in  force,  there  shall  be  elected, 
instead  of  the  directors  provided  by  law  in  other  districts,  a board  of 
education,  to  consist  of  a president  of  the  board  of  education,  six  inein- 
bers  and  three  additional  members  for  every  additional  ten  thousand 
inhabitants.  Whenever  additional  members  of  such  board  of  education 
are  to  be  elected  by  reason  of  increased  population  of  such  district,  such 
members  shall  be  elected  on  the  third  Saturday  of  April  succeeding  the 
ascertaining  of  such  increase  by  anj^  special  or  general  census,  and  the 
notice  of  such  election  shall  designate  the  term  for  which  the  members 
are  to  be  elected,  so  that  one-third  of  the  board  shall  be  elected  for  each 
year : Provided,  that  in  no  case  shall  said  board  consist  of  more  than 

fifteen  members. 

819.  President  — election — term  of  office.]  §3.  The  president 
of  said  board  of  education  shall  be  elected  annually,  at  the  same  time 
the  members  of  the  board  of  education  are  elected,  and  he  shall  hold 
his  office  for  the  term  of  one  year,  and  until  his  successor  is  elected  and 
qualified. 

820.  President  — duties  of.]  § 4.  The  president  of  the  board  of 
education  so  elected,  shall  preside  at  all  meetings  of  said  board,  and 
shall  give  the  casting  vote  in  case  of  a tie  between  the  members  thereof; 
but,  otherwise  he  shall  not  have  a vote.  He  shall  sign  all  orders  for  the 
payment  of  money  ordered  by  said  board  and,  generally,  perform  such 
duties  as  are  imposed  by  law  upon  presidents  of  boards  of  directors,  or 
that  may  be  imposed  upon  him  by  said  board  of  education,  not  in  con- 
flict with  law  : Provided,  that  in  the  absence  or  inability  to  act  as  said 
president,  said  board  may  appoint  a president  pro  tempore  from  their 
number. 

821.  Members  annually  elected.]  ^5.  The  annual  election  of  mem- 
bers of  the  board  of  education  shall  be  on  the  third  Saturday  in  April, 
when  one-third  of  the  members  shall  be  elected  for  three  years  and  until 
their  successors  are  elected  and  qualified. 

822.  Notice  of  election  — form  of.]  § 6.  Notice  of  sucli  election 
shall  be  given  by  the  board  of  education  at  least  ten  days  previous  to 
such  election,  by  posting  notices  in  at  least  three  of  the  most  public 
places  in  said  district,  which  shall  specify  the  place  where  such  election 
is  to  be  held,  the  time  of  opening  and  closing  the  polls  and  the  purpose 
for  which  such  election  is  held,  which  notice  may  be  in  the  following 
form,  to  wit : 

Public  notice  is  hereby  given,  that  on  Saturday  the day  of  April,  A.  D.  . . . , 

an  election  will  be  held  at between  the  hours  of and of  said  day  for 

the  purpose  of  electing  a president  of  the  board  of  education  of  district  number. . ..  ., 

township  No , range  No. . . . and members  of  the  board  of  education  of 

said  district. 

Dated  this day  of A.  D 

A B President. 

C D Clerk. 


SCHOOl.S. 


3(;2 

823.  Failure  to  give  notice.]  § 7.  In  case  of  a failure  to  give  the 
notice  above  provided  for,  such  election  may  be  held  on  any  Saturday 
after  such  notice  has  been  given  as  aforesaid. 

824.  Election,  how  conducted.]  § 8.  Such  election  shall  be  con- 
ducted in  the  same  manner  and  be  governed  by  the  provisions  of  this 
act,  1‘elating  to  the  election  of  boards  of  directors,  except  as  otherwise 
pi’ovided  by  law. 

825.  First  election  under  this  act.]  § 9.  At  the  first  election  of 
directors  succeeding  the  passage  of  this  act,  in  any  district  having  a 
])opulation  of  not  less  than  one  thousand  inhabitants  by  the  census  of 
1880,  and  in  such  other  districts  as  may  hereafter  be  ascertained  by  any 
special  or  general  census  to  have  a population  of  not  less  than  one  thou- 
sand inhabitants,  at  the  first  election  of  directors  occurring  after  taking 
such  special  or  general  census,  there  shall  be  elected  a board  of  educa- 
tion, who  shall  be  the  successors  of  the  directors  of  the  district ; and  all 
rights  of  property  and  all  rights  or  causes  of  action  existing  or  vested  in 
such  directors,  shall  v^est  in  said  board  of  education,  in  as  full  and  com- 
plete a manner  as  was  vested  in  the  school  directors.  Such  board,  at 
its  first  meeting,  shall  fix,  by  lot,  the  terms  of  office  of  its  members,  so 
that  one-third  of  them  shall  serve  for  one  year,  one-third  for  two  years, 
and  one-third  for  three  years,  and  thereafter  one-third  shall  be  elected 
annually  on  the  third  Saturday  in  April,  to  fill  the  vacancies  occurring, 
and  to  serve  for  the  term  of  three  years. 

826.  Powers  and  duties  of  board.]  § 10.  The  board  of  education 
shall  have  all  the  powers  of  school  directors  and  in  addition  thereto  and 
inclusive  thereof  they  shall  have  the  power,  and  it  shall  be  their  duty  : 

1.  See  § §16,  ante;  as  to  tliese  powers. 

First — To  establish  and  support  free  schools  not  less  than  six  nor 
more  than  ten  months  in  each  year. 

Second  — To  repair  and  improve  school  houses  and  furnish  them  with 
the  necessary  fixtures,  furniture,  apparatus,  lilwaries  and  fuel. 

Third — To  examine  teachers,  as  supplemental  to  any  other  examina- 
tion ; to  employ  teachers  and  fix  the  amount  of  their  salaries. 

Fourth — To  established  schools  of  different  grades  and  make  regula- 
tions for  the  admission  of  pupils  into  the  same. 

Fifth — To  buy  or  lease  sites  for  school  houses  with  the  necessary 
grounds  : Provided,  it  shall  not  be  lawful  for  such  board  of  education 
to  purchase  or  locate  a school  house  site,  or  to  purchase,  build  or  move  a 
school  house  unless  authorized  by  a majority  of  all  voters  voting  at  an 
election  called  for  such  purpose  in  pursuance  of  a petition  signed  by 
not  less  than  five  hundred  legal  voters  of  such  district,  or  by  one-fifth 
of  all  the  legal  voters  of  such  district. 

Sixth — To  levy  a tax  annually  upon  the  taxable  property  of  the  dis- 
trict, in  the  manner  provided  in  article  8 of  this  act,  for  the  purpose  of 
supporting  and  maintaining  free  schools  in  accordance  with  the  powers 


Schools. 


303 


herein  conferred  : Provided,  that  it  sliall  not  be  lawful  for  such  board 
of  education  to  levy  a tax  to  extend  schools  beyond  the  period  of  ten 
months  in  each  year,  except  upon  petition  of  a majority  of  the  voters 
of  the  district ; And,  provided,  further,  that  all  taxes  shall  be  levied 
under  the  limitations  relating  to  the  per  centage  of  the  assessment  as 
provided  by  section  1,  article  8 of  this  act. 

Seventh  — To  employ,  should  they  deem  it  expedient,  a competent 
and  discreet  person  or  persons  as  superintendent  or  superintendents  of 
schools,  and  tix  and  pay  a proper  salary  or  salaries  therefor.  [Such 
superintendent  may  be  required  to  act  as  principal  or  teacher  in  such 
schools. 

Eighth  — To  lay  off  and  divide  the  district  into  sub-districts  and, 
from  time  to  time,  alter  the  same,  create  new  ones  and  consolidate  them. 

Ninth  — To  visit  all  the  public  schools  as  often  as  once  a month,  to 
inquire  into  the  progress  of  scholars  and  the  government  of  the  schools. 

Tenth  — To  prescribe  the  method  and  course  of  discipline  and  instruc- 
tion in  the  respective  schools,  and  to  see  that  they  are  maintained  and 
pursued  in  the  proper  manner. 

Eleventh  — To  expel  any  pupil  who  may  be  guilty  of  gross  dis- 
obedience or  misconduct.  No  action  shall  lie  against  them  for  such  ex- 
pulsion. 

Twelfth  — To  dismiss  and  remove  any  teacher,  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever  from  any 
cause  the  interests  of  the  schools  may,  in  their  opinion,  require  such 
removal  or  dismissal. 

Thirteenth  — To  apportion  the  scholars  to  the  several  schools. 

Fourteenth  — To  establish  and  promulgate  all  such  by-laws,  rules 
and  regulations  for  the  government  and  the  establishment  and  main- 
tenance of  a proper  and  uniform  system  of  discipline  in  the  several 
schools,  as  may  in  their  opinion  be  necessary. 

Fifteenth  — To  take  charge  of  the  school  houses,  furniture,  grounds 
and  other  property  belonging  to  the  district,  and  see  that  the  same  are 
kept  in  good  condition  and  not  suffered  to  be  unnecessarily  injured  or 
deteriorated. 

Sixteenth  — To  provide  fuel  and  such  other  necessaries  for  the 
schools  as,  in  their  opinion,  may  be  required  in  tlie  school  liouses,  or 
other  property  belonging  to  or  under  the  control  of  the  district. 

Seventeenth — To  appoint  a secretary  and  provide  well  bound  books, 
at  the  expense  of  the  school  tax  fund,  in  which  shall  be  kept  a faithful 
record  of  all  their  proceedings. 

Eighteenth  — To  annually  prepare  and  publish  in  some  newspaper, 
or  in  pamphlet  form,  a report  of  the  number  of  pupils  instructed  in 
the  year  preceding,  the  several  branches  of  study  pursued  by  them,  of 
the  number  of  persons  between  the  ages  of  twelve  and  twenty-one 
unable  to  read  or  write,  and  the  receipts  and  expenditures  of  each 
school,  specifying  the  source  of  such  receipts  and  the  object  of  such 
expenditures. 


Schools. 


827.  Expenditure  of  money  decided  by  yea  and  nay  vote.] 

§11.  Ill  all  questions  involving  the  expenditure  of  money,  the  yeas 
and  nays  shall  be  taken  and  entered  on  the  records  of  the  proceedings 
of  the  board.. 

828.  Powers  exercised,  only,  cit  regular  or  special  meeting.] 

§ 12.  None  of  the  powers  herein  conferred  upon  boards  of  education 
shall  be  exercised  by  them,  except  at  a regular  or  special  meeting  of 
the  board. 

829.  Title  to  realty  vests  in  school  trustees,  in  trust.]  § 13. 

All  conveyances  of  real  estate  shall  be  made  to  the  township  trustees 
in  trust  for  the  use  of  schools,  and  no  conveyance  of  any  real  estate  or 
interest  therein  used  for  school  purposes,  or  held  in  trust  for  schools, 
shall  be  made  except  by  the  board  of  trustees,  upon  the  written  request 
of  such  board  of  education. 

830.  Moneys  held  as  a special  fund,  subject  to  order  of  board.] 

§ 14.  All  money  raised  by  taxation  for  school  purposes,  or  received 
from  the  state  common  school  fund,  or  from  any  other  source,  for 
school  purposes,  shall  be  held  by  the  township  treasurer  as  a special 
fund  for  school  purposes,  subject  to  the  order  of  the  board  of  education, 
upon  warrants  signed  by  the  president  and  secretary  thereof. 

831.  Schools  under  special  charters  may  adopt  this  act  — pro- 
ceeding.] § 15.  Any  city,  incorporated  town,  township  or  district  in 
which  free  schools  are  now  managed  under  any  special  act,  may, 
by  vote  of  its  electors,  cease  to  control  such  schools  under  such  special 
act,  and  become  a part  of  the  school  township  in  which  it  is  situated, 
and  subject  to  the  control  of  the  trustees  thereof,  under  and  according 
to  the  provisions  of  this  act. 

Upon  petition  of  fifty  voters  of  such  city,  town,  township  or  district, 
presented  to  the  board  having  the  control  and  management  of  schools 
in  such  city,  town,  township  or  district,  it  shall  be  the  duty  of  such 
board,  at  the  Tiext  ensuing  election  to  be  held  in  such  city,  town,  or 
township  or  district,  to  cause  to  be  submitted  to  the  voters  thereof, 
giving  not  less  than  fifteen  days’  notice  thereof,  by  posting  not  less 
than  five  notices,  in  the  most  public  places  in  such  city,  town,  township 
or  district,  the  question  of  “ organization  under  the  free  school  law  ” ; 
which  notice  shall  be  in  the  following  form,  to- wit : 

Public  notice  is  hereby  given  that  on  the  day  of A.  D 

an  election  will  be  held  at  , between  the  hours  of M.  and 

M.  of  said  day,  for  the  purpose  of  deciding  the  question  of  “organization 

under  the  free  school  law  ”. 

832.  Organization  hereunder  — elections.]  § 16.  If  it  shall  ap- 
pear on  a canvass  of  the  returns  of  such  election  that  a majority  of  the 
votes  cast  at  such  election  are  For  organization  under  the  free  school 
law”,  then  at  the  next  ensuing  regular  meeting  of  the  board  of  trus- 
tees of  the  township  or  townships  in  which  such  city,  incorporated 
town,  township  or  district  is  situated,  said  trustees  shall  proceed  to  re- 
district  the  township  or  townships,  as  aforesaid,  in  such  manner  as  shall 


Schools. 


305 


suit  the  wishes  and  convenience  of  a majority  of  tlie  inhabitants  in 
their  respective  townships  and  to  make  a division  of  funds  and  other 
property  in  the  manner  provided  for  by  section  of  article  3,  of  this 
act,  and  on  any  Saturday  thereafter  there  shall  be  elected  in  each  of 
the  new  districts  so  formed,  a director,  directors  or  board  of  education, 
as  the  case  may  be,  in  the  manner  provided  for  in  section  6 of  article  5 
of  this  act,  and  thereafter  such  districts  shall  proceed  as  other  districts 
under  this  act.  But,  all  subsequent  elections  of  directors  or  boards  of 
education  shall  be  conducted  as  provided  in  sections  5 and  8 of  article 
5 of  this  act. 

833.  Boards  in  cities  of  over  100,000  inhabitants  — term  of  of- 
fice— present  incumbents.]  § 17.  In  cities  having  a population  ex- 
ceeding one  hundred  thousand  inhabitants,  from  and  after  this  act 
shall  take  effect,  the  board  of  education  shall  consist  of  twenty-one 
members,  to  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  common  council,  seven  of  whom  shall  be  appointed  foi 
the  term  of  one  year,  seven  for  the  term  of  two  years,  and  seven  for  the 
term  of  three  years  : Provided,  however,  that  in  such  cities  wherein 
there  is  now  a board  of  education,  holding  their  office  by  appointment, 
such  officers  shall  continue  in  office  until  the  time  at  which  their  terms 
would  have  expired  under  the  law  in  force  at  the  time  of  their  appoint- 
ment. At  the  expiration  of  the  term  of  any  members  of  said  boaid, 
their  successors  shall  be  appointed  in  like  manner  and  shall  hold  their 
office  for  the  term  of  three  years.  Any  vacancy  which  may  occur  shall 
be  filled  by  the  appointment  of  the  mayor,  with  the  approval  of  the 
common  council  for  the  anexpired  term  ; And  provided,  further,  that 
from  and  after  this  act  shall  take  effect,  there  shall  be  appointed  by  the 
mayor,  by  and  with  the  advice  and  consent  of  the  common  council,  six 
members,  two  of  whom  shall  be  appointed  for  the  term  of  one  year, 
two  for  the  term  of  two  years,  and  two  for  the  term  of  three  years.  [As 
amended  June  22,  1891,  L.,  1891,  p.  195. 

834.  Membership  — eligibility.]  § 18.  Any  person  having  re- 
sided in  any  such  city  more  than  five  years  next  preceding  his  appoint- 
ment, shall  be  eligible  to  membership  of  such  board  of  education. 

835. 1 Officers  and  employes  — duties  and  compensation.]  § 19. 
The  said  board  of  education  shall  appoint  a president  and  secretary,  the 
president  to  be  appointed  from  their  own  number,  and  shall  appoint 
such  other  officers  and  employes  as  such  board  shall  deem  necessary, 
and  shall  prescribe  their  duties,  and  compensation  and  terms  of  office. 

836.  Record  of  proceedings.]  § 20.  The  said  board  shall  provide 
well  bound  books,  at  the  expense  of  the  school  tax  fund,  in  which  shall 
be  kept  a faithful  record  of  all  their  proceedings.  The  yeas  and  nays 
shall  be  taken  and  entered  on  the  records  of  the  proceedings  of  the 
board  upon  all  questions  involving  the  expenditure  of  money. 

837.  Power  and  duties  of  board,  when  city  council  concurs.] 
§ 21.  The  said  board  of  education  shall  have  charge  and  control  of  the 


Schools, 


j)ublic  schools  in  such  cities,  and  shall  have  power,  with  the  concurrence 
of  the  city  council : 

First  — To  erect  or  purchase  buildings  suitable  for  school  houses, 
and  keep  the  same  in  repair. 

Second  — To  buy  or  lease  sites  for  school  houses,  with  the  necessary 
grounds. 

Third  — To  issue  bonds  for  the  purpose  of  building,  furnishing  and 
repairing  school  houses,  for  purchasing  sites  for  the  same,  and  to  pro- 
vide fur  tlie  payment  of  said  bonds,  to  borrow  money  for  school  pur- 
poses u])on  the  credit  of  the  city. 

838.  Powers  of  board.  § 22.  The  said  board  of  education  shall 
have  power. 

First  — To  furnish  schools  with  the  necessary  fixtures,  furniture  and 
apparatus. 

Second  — To  maintain,  support  and  establish  schools,  and  supply  the 
inadequacy  of  the  school  funds  for  the  salaries  of  school  teachers  from 
school  taxes. 

Third  — To  hire  buildings  or  rooms  for  the  use  of  the  board. 

Fourth  — To  hire  buildings  or  rooms  for  the  use  of  schools. 

Fifth  — To  employ  teachers  and  fix  the  amount  of  their  compensa- 
tion. 

Sixth  — To  prescribe  the  school  books  to  be  used,  and  the  studies  in 
the  different  schools. 

Seventh  — To  lay  off  and  divide  the  city  into  school  districts  and, 
from  time  to  time,  to  alter  the  same  and  create  new  ones,  as  circum- 
stances may  require  and,  generally,  to  have  and  possess  all  the  rights, 
powers  and  authority  required  for  the  proper  management  of  schools, 
with  power  to  enact  such  ordinances  as  may  be  deemed  necessary  and 
expedient  for  such  purpose. 

Eighth  — To  expel  any  pupil  who  may  be  guilty  of  gross  disobedi- 
ence or  misconduct. 

Ninth  — To  dismiss  and  remove  any  teacher  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever,  from  any  cause, 
the  interests  of  the  school  may,  in  their  opinion,  require  such  removal 
or  dismission. 

Tenth  — To  apportion  the  scholars  to  the  several  schools. 

Eleventh  — To  lease  school  property,  and  to  loan  moneys  belonging 
to  the  school  fund. 

839.  Duties  of  board.]  § 23.  It  shall  be  the  duty  of  such  board 
of  education : 

First  — To  take  the  entire  superintendence  and  control  of  the  schools 
in  such  cities. 

Second  — To  examine  all  persons  offering  themselves  as  candidates 
for  teachers,  and,  when  found  well  qualified,  to  give  them  certificates 
gratuitously. 

Third  — To  visit  all  the  public  schools  as  often  as  once  a month. 


Schools. 


307 


Fourth  — To  establish  all  such  by-laws,  rules  and  regulations  for  the 
government,  and  for  the  establishment  and  maintenance  of  a proper 
and  uniform  system  of  discipline  in  the  several  schools,  as  may,  in  their 
opinion,  be  necessary. 

Fifth  — To  determine,  from  time  to  time,  how  many  and  what  class 
of  teachers  may  be  employed  in  each  of  the  public  schools,  and  employ 
such  teachers  and  tix  their  compensation. 

Sixth  — To  take  charge  of  the  school  houses,  furniture,  grounds  and 
other  property  belonging  to  the  school  districts,  and  see  that  the  same 
are  kept  in  good  condition,  and  not  suffered  to  be  unnecessarily  injured 
or  deteriorated. 

Seventh  — To  provide  fuel,  and  such  other  necessaries  for  the  schools 
as,  in  their  opinion,  may  be  required  in  the  school  houses,  or  other  pro- 
perty belonging  to  the  said  districts. 

Eighth  — To  inquire  into  the  progress  of  scholars  and  the  govern- 
ment of  the  schools. 

Ninth  — To  prescribe  the  method  and  course  of  discipline  and  in- 
struction in  the  respective  schools,  and  to  see  that  they  are  maintained 
and  pursued  in  the  proper  manner. 

Tenth  — To  prescribe  what  studies  shall  be  taught,  and  what  books 
and  apparatus  shall  be  used. 

Eleventh  — To  report  to  the  city  councul,  from  time  to  time,  any 
suggestions  they  may  deem  expedient  or  requisite  in  relation  to  the 
schools  and  the  school  fund,  or  the  management  thereof  and,  generally, 
to  recommend  the  establishment  of  new  schools  and  districts. 

Twelfth  — To  prepare  and  publish  an  annual  report,  which  shall  in- 
clude the  receipts  and  expenditures  of  each  school,  specifying  the 
source  of  such  receipts  and  the  object  of  such  expenditures. 

Thirteenth  — To  communicate  to  the  city  council,  from  time  to  time, 
such  information  within  their  possession  as  may  be  required. 

840.  Powers  exercised,  only,  at  regular  or  special  meetings.] 
§ 24.  None  of  the  powers  herein  conferred  upon  the  board  of  educa- 
tion of  such  cities  shall  be  exercised  by  them  except  at  a regular  meet- 
ing of  such  board. 

841.  Title  to  realty  vests  in  city  council,  in  trust.]  § 25.  All 

conveyances  of  real  estate,  shall  be  made  to  the  city,  in  trust,  for  the 
use  of  schools,  and  no  sale  of  real  estate  or  interest  therein,  used  for 
school  purposes,  or  held  in  trust  for  schools,  shall  be  made  except  by 
the  city  council,  upon  the  written  request  of  such  board  of  education. 

842. "  Moneys  held  as  a special  fund,  subject  to  board’s  order.] 
§ 26.  All  moneys  raised  by  taxation  for  school  purposes,  or  received 
from  the  state  common  school  fund,  or  from  any  other  source,  for 
school  purposes,  shall  be  held  by  the  city  treasurer  as  a special  fund  for 
school  purposes,  subject  to  the  order  of  the  board  of  education,  upon 
warrants  to  be  countersigned  by  the  mayor  and  city  clerk. 

843.  Expenditures  confined  to  specified  receipts  and  appropria- 
tions.] § 27.  Said  board  of  education  shall  not  add  to  the  expend!- 


Schools. 


3f)8 

tures  for  school  purposes  any  thing  over  and  above  the  amount  that 
shall  be  received  from  the  state  common  school  fund,  the  rental  of 
school  lands  or  property,  and  the  amount  annually  appropriated  for 
such  purposes.  If  said  board  shall  so  add  to  such  ex))enditure  the  city 
sliall  not,  in  any  case,  be  liable  therefor.  And,  no  thing  herein  con- 
tained shall  be  construed  so  as  to  authorize  any  such  board  of  education 
to  levy  or  collect  any  tax  upon  the  demand,  or  under  the  direction,  of 
sin-h  board  of  education. 

844.  Board  exclusively  governs  schools.]  § 28.  All  schools  in 
such  cities  shall  be  governed  as  hereinbefore  stated;  and,  no  power  given 
to  the  board  of  education  shall  be  exercised  by  the  city  council  of  such 
city. 

Article  XIY  — Fines  and  Forfeitures. 

845.  Fines  and  forfeitures  — disposal  of.]  § 1.  All  fines,  penal- 
ties and  forfeitures  imposed  or  incurred  in  any  of  the  courts  of  record, 
or  before  any  justice  of  the  peace  of  this  state,  except  fines,  forfeit- 
ures and  penalties  incurred  or  imposed  in  incorporated  towns  or  cities 
for  the  violation  of  the  by-laws  or  ordinances  thereof,  shall,  when  col- 
lected, be  paid  to  the  county  superintendent  of  schools  of  the  county 
wherein  such  fines,  penalties  or  forfeitures  have  been  imposed  or  in- 
curred, and  the  said  county  superintendent  of  schools  shall  give  his  re- 
ceipt therefor  to  the  person  from  whom  such  fine,  forfeiture  or  penalty 
was  received.  The  said  county  superintendent  shall,  annually,  distri- 
bute such  fines,  penalties  or  forfeitures  in  the  same  manner  as  the  com- 
mon school  funds  of  the  state  are  distributed. 

Article  XY  — Liability  of  School  Officers. 

846.  Wrongful  use  of  funds.]  §6.  If  any  county  superintendent, 
trustee  of  schools,  township  treasurer,  director  or  any  other  person  in- 
trusted with  the  care,  control,  management  or  disposition  of  any 
school,  college,  seminary  or  township  fund,  for  the  use  of  any  county, 
township,  district  or  school,  shall  convert  such  funds  or  any  part  thereof 
to  his  own  use,  he  shall  be  liable  to  indictment  and,  upon  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  double  the  amount  of 
money  converted  to  his  own  use  and  imprisoned,  in  the  county  jail,  not 
less  than  one  nor  more  than  twelve  months,  at  the  discretion  of  the 
court. 

847.  Use  of  fund  in  aid  of  sectarianism.]  § 12.  Xo  county,  city, 
town,  township,  school  district  or  other  public  corporation  shall  ever 
make  any  appropriation,  or  pay  from  any  school  fund  whatever,  any 
thing  in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support  or 
sustain  any  school,  academy,  seminary,  college,  university  or  other  lite- 
rary or  scientific  institution  controlled  by  any  church  or  sectarian  de- 
nomination whatever ; nor  shall  any  grant  or  donation  of  money,  or 
other  personal  property,  ever,  be  made  by  any  such  corporation  to  any 
church  or  for  any  sectarian  purpose ; and,  any  oflBcer  or  other  person 


Schools. 


3ft) 

liaving  under  his  charge  or  direction  school  funds  or  property,  who 
shall  pervert  the  same,  in  the  manner  forbidden  in  this  section,  shall  be 
liable  to  indictment  and,  upon  conviction  thereof,  shall  be  fined  in  a 
sum  not  less  than  double  the  value  of  the  property  so  perverted,  and 
imprisoned  in  the  county  jail  not  less  than  one  (1)  nor  more  than  twelve 
(12)  months,  at  the  discretion  of  the  court. 

848.  Exclusion  of  child  for  color.]  § 14.  Any  school  officer  or 
officers,  or  any  other  person,  who  shall  exclude  or  aid  in  the  exclusion 
from  the  public  schools  of  any  child  who  is  entitled  to  the  benefits  of 
such  school,  on  account  of  such  child’s  color,  shall  be  fined,  upon  con- 
viction, in  any  sum  not  less  than  five  (5)  dollars  nor  more  than  one 
hundred  (100)  dollars  each,  for  every  such  offense. 

Article  XYI — Miscellaneous. 

849.  Statute,  how  to  be  construed.]  § 7.  This  act  shall  not  be 
so  construed  as  to  repeal  or  change,  in  any  respect,  any  special  acts  in 
relation  to  schools  in  cities  having  less  than  one  hundred  thousand  in- 
habitants, or  incorporated  towns,  townships  or  districts,  except  that  it 
shall  be  the  duty  of  the  several  boards  of  education,  or  other  officers  of 
any  city  or  incorporated  town,  township  or  district,  having  in  charge 
schools  under  the  provisions  of  any  of  said  special  acts,  or  of  any  ordi- 
nance of  any  city  or  incorporated  town,  on  or  before  the  fifteenth  day 
of  July  preceding  each  regular  session  of  the  general  assembly  of  this 
state,  or  annually,  if  required  so  to  do  b}^  the  state  superintendent  of 
public  instruction,  to  make  out  and  render  a statement  of  all  such  sta- 
tistics and  other  information  in  regard  to  schools  and  the  enumeration 
of  persons,  as  is  required  to  be  communicated  by  township  boards  of 
trustees  or  directors,  under  the  provisions  of  this  act,  or  so  much  thereof 
as  may  be  applicable  to  said  city  or  incorporated  town,  to  the  county 
superintendent  of  the  county  where  such  city  or  incorporated  town  is 
situated,  or  of  the  county  in  which  the  larger  part  of  such  city  or  in- 
corporated town  is  situated ; nor  shall  it  be  lawful  for  the  county  su- 
perintendent, or  any  other  officer  or  person,  to  pay  over  any  portion  of 
the  common  school  fund  to. any  local  treasurer,  school  agent,  clerk, 
board  of  education,  or  other  officer  or  person,  of  any  township,  city  or 
incorporated  town,  unless  a report  of  the  number  of  persons,  and  other 
statistics  relative  to  schools,  and  a statement  of  such  other  information 
as  is  required  by  the  board  of  trustees  or  directors,  as  aforesaid,  and  of 
other  school  officers  and  teachers,  under  the  provisions  of  this  act,  shall 
have  been  filed  at  the  time  or  times  aforesaid,  specified  in  this  section, 
with  the  superintendent  of  the  proper  county,  as  aforesaid. 

850.  Judgment  — execution  — mandamus.]  § 9.  If  judgment 
shall  be  obtained  against  any  township  board  of  trustees  or  school  di- 
rectors, the  party  entitled  to  the  benefit  of  such  judgment  may  have 
execution  therefor,  as  follows,  to  wit : It  shall  be  lawful  for  the  court 
in  which  such  judgment  shall  be  obtained,  or  to  which  such  judgment 
may  be  removed  by  transcript  or  appeal  from  a justice  of  the  peace,  or 


370 


Schools. 


other  court,  to  issue  thence  ii  writ,  commanding  the  directors,  trustees 
and  treasurer  of  such  township,  to  cause  the  amount  thereof,  with  in- 
terest and  costs,  to  he  paid  to  tlie  party  entitled  to  tlie  henefit  of  such 
judgment,  out  of  any  moneys  unappropriated  of  said  township  or  dis- 
trict or,  if  there  he  no  such  moneys,  out  of  the  first  moneys  applicable  to 
the  payment  of  the  kind  of  services  or  indebtedness  for  which  such  judg- 
ment shall  he  obtained,  which  shall  he  received  for  the  use  of  such 
township  or  district,  and  to  enforce  obedience  to  such  writ  by  attach- 
ment, or  by  mandamus,  requiring  such  board  to  levy  a tax  for'the  pay- 
ment of  such  judgment;  and,  all  legal  processes,  as  well  as  writs  to  en- 
force payment,  shall  be  served  either  on  the  president  or  clerk  of  the 
board. 

851.  Compensation  not  allowed.]  § 10.  Trustees  of  schools, 
school  directors,  members  of  boards  of  education,  or  other  school  offi- 
cers  performing  like  duties,  shall  receive  no  pecuniary  compensation; 
but,  they  shall  be  exempt  from  road  labor  and  from  military  duty 
during  their  term  of  otflce. 

852.  Officers  hold  over.]  § 11.  All  school  officers  elected  in  pur- 
suance of  any  general  law  now  in  force  shall  hold  their  respective 
offices  until  their  successors  are  elected  and  qualified  under  the  provi- 
sions of  this  act. 

School  Directors  etc.,  in  Certain  Cases. 

An  act  to  provide  for  the  appointment  of  school  directors  and  mem- 
bers of  the  board  of  education,  in  certain  cases.  [Approved  May 

29,  1879.  In  force  July  1,  1879.  L.,  1879,  p.  285. 

853.  School  directors  may  be  appointed  in  certain  cases.] 
§ 1.  A) 6 it  enacted  hy  the  people  of  the  date  of  Illinois^  represented  in 
the  general  assembly^  That,  in  all  cases  where,  by  the  provisions  of  any 
general  or  special  law  of  this  state  heretofore  passed,  the  members  of 
the  common  council  of  any  city  have  been  made  ex  officio  school  di- 
rectors, or  members  of  the  board  of  education,  in  and  for  the  school 
district  of  which  the  said  city  shall  constitute  the  whole  or  a part,  the 
said  school  directors,  or  members  of  the  board  of  education  shall,  here- 
after, be  appointed,  as  hereinafter  provided. 

854.  How  appointed.]  § 2.  It  shall  be  the  duty  of  the  mayor  of 
such  city,  at  the  first  regular  meeting  of  the  city  council,  after  each 
municipal  election  and  after  his  installation  into  office,  to  nominate  and 
place  for  confirmation  such  school  directors  or  members  of  the  board  of 
education,  as  tlie  case  may  be,  one  person  from  each  ward  of  said  city, 
to  serve  for  two  years  and,  if  the  persons  so  appointed  shall  be  cmi- 
firmed  by  a majority  vote  of  the  city  council,  to  be  entered  of  record, 
the  persons  so  appointed  together  with  such  persons  theretofore  ap- 
pointed under  the  provisions  of  the  act  to  which  this  is  an  amendment, 
whose  terms  of  service  shall  not  expire  within  one  year,  shall  consti- 
tute the  board  of  education  or  school  directors  for  such  district : Pro- 
vided, that  the  person  appointed  from  the  city  at  large  for  one  year 


Schools. 


371 


shall  be  president  of  said  board  of  education  or  school  directors,  but, 
shall  have  no  vote  in  such  board  except  in  case  of  a tie  : And,  provi- 
ded, further,  that  the  term  of  office  of  all  persons  heretofore  appointed 
under  the  provisions  of  the  act  to  which  this  is  an  amendment,  whose 
term  of  office  expires  within  one  year,  shall  terminate  at  the  first  regu- 
lar meeting  of  the  city  council  after  the  annual  meeting  and  upon  the 
appointment  and  confirmation  of  their  successors.  [As  amended  by 
act  approved  and  in  force  May  28,  1889.  L.,  1889,  p.  236. 

855.  Board,  organization  of — powers  and  duties  of.]  § 3.  The 
said  persons  shall,  as  soon  as  practicable  after  their  appointment, 
organize  by  electing  one  of  their  number  secretary,  who  shall  hold  his 
office  for  one  year.  All  rights,  powers  and  duties  heretofore  exercised 
by  and  devolved  upon  the  members  of  the  city  council,  as  cx  officio 
members  of  the  board  of  education  or  school  directors,  shall  devolve 
upon  and  be  exercised  by  the  members  of  the  board  of  education  and 
school  directors  appointed  under  the  provisions  of  this  act.  [As 
amended  by  act  approved  and  in  force  May  28,  1889.  L.  1889,  p.  236. 

856.  Tax  for  school  purposes.]  In  all  school  districts,  to  which 
this  act  shall  apply,  the  boards  of  education,  or  school  directors,  shall 
annually,  before  the  first  day  of  August,  certify  to  the  city  council  — 
under  tlie  hands  and  seals  of  the  president  and  secretary  of  the  board  — 
the  amount  of  money  required  to  be  raised  by  taxation,  for  school  pur- 
poses in  said  district  — for  the  ensuing  year;  and,  the  said  city  council 
shall,  thereupon,  cause  the  said  amount  to  be  levied  and  collected  in 
the  same  manner  now  provided  by  law  for  the  levy  and  collection  of 
taxes  for  school  purposes  in  such  district ; but,  the  amdunt  to  be  so 
levied  and  collected  shall  not  exceed  the  amount  now  allowed  to  be 
collected  for  school  purposes  by  the  general  laws  of  this  state ; and, 
when  such  taxes  have  been  collected  and  paid  over  to  the  treasurer  of 

"such  city,  or  school  district,  as  may  be  provided  by  the  terms  of  the 
act  under  which  such  district  has  been  organized,  such  funds  shall  be 
paid  out,  only,  on  the  order  of  the  board  of  education,  or  school 
directors,  signed  by  the  president  and  secretary  of  such  board. 

An  act  to  give  cities,  incorporated  towns,  townships  and  districts  in 
which  free  schools  are  now  managed  under  special  acts,  authority  to 
elect  boards  of  education  having  the  same  powers  as  boards  of  educa- 
tion now  elected  under  the  general  free  school  laws  of  this  state. 
[Approved  and  in  force  June  2,  1891,  L.,  1891,  p.  194. 

857.  Board  of  education;  election  authorized.]  §1.  Be  it  en- 
acted hy  the  people  of  the  state  of  Illinois^  represented  in  the  general  assem- 
bly: That  any  city,  incorporated  town,  township  or  district  having  a 
population  of  not  less  than  one  thousand  and  not  over  twenty  thousand 
inhabitants,  in  which  free  schools  are  now  managed  under  any  special 
act,  may,  by  vote  of  its  electors,  determine  to  elect,  instead  of  tlie  direc- 
tors or  other  governing  or  managing  board,  now  provided  for  by  such 
special  act,  a board  of  education  which  shall  be  elected  at  the  time  and 
in  the  manner  and  have  the  powers  now  conferred  by  law  upon  boards 
of  education  of  districts  not  governed  by  any  special  act. 


372 


Schools. 


858.  Petition  — election  — notice.]  § 2.  Upon  petition  of  fifty 
voters  of  such  city,  town,  townsliip  or  district,  presented  to  the  board 
liaviiig  the  control  and  management  of  school  in  such  city,  town,  town- 
ship or  district,  it  shall  be  the  duty  of  such  board,  at  the  next  ensuing 
election  to  be  held  in  such  city,  town,  township  or  district,  to  cause  to 
be  submitted  to  the  voters  thereof,  giving  not  less  than  fifteen  days’ 
notice  thereof,  by  jiosting  not  less  than  five  notices  in  the  most  public 
places  in  such  city,  town,  township  or  district,  the  question  of  “electing 
a board  of  education  having  the  powers  conferred  upon  such  boards  in 
districts  organized  under  the  free  school  laws,”  which  notice  may  be  in 
the  following  form,  to  wit : 

Public  notice  is  liereby  given  that,  on  the day  of , A.  D , an 

election  will  be  held  at , between  the  hours  of. . .m.  and.  ..m.  of  said  day,  for 

the  purpose  of  deciding  the  question  of  “electing  a board  of  education  having  the 
powers  conferred  upon  such  boards  in  districts  organized  under  the  free  school  law.” 
If  it  shall  appear  upon  a canvass  of  the  returns  of  such  election  that 
a majority  of  the  votes  cast  at  such  election  are  “for  electing  a board  of 
education  having  the  powers  conferred  upon  such  boards  in  districts 
organized  under  the  free  school  law,”  then  at  the  time  of  the  next  regu- 
lar election  for  boards  of  education  under  the  free  school  law  there  shall 
be  elected  a board  of  education  for  such  district ; and  should  there  not 
be  sufficient  time  to  give  the  notice  required  by  law  for  such  election, 
then  such  election  may  be  held  on  any  Saturday  thereafter,  but  all  sub- 
sequent elections  shall  be  held  at  the  time  provided  by  the  free  school 
law. 

859.  Repealing  clause.]  § 3.  All  acts  and  parts  of  acts  in  conflict 
with  this  act,  are  hereby  repealed. 

860.  Emergency.]  § 4.  Omitted. 

An  act  to  allow  directors  of  schools  under  special  laws  to  assume  and 
provide  for  indebtedness  heretofore  created  by  the  authorities  of  a 
city  for  school  purposes.  [Approved  June  22,  1891,  p.  197. 

861.  Authorizes  assumption  of  prior  debts  created  by  city.]  § 

1.  Be  it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the  gen- 
eral assembly:  That  whenever  any  city  in  this  state  is  by  special  law 

made  a school  district,  or  whenever  any  school  district  created  by 
special  law  shall  be  coterminous  with  any  city,  the  directors  of  such 
district  shall  have  the  power  at  the  request  of  the  city  council  to  assume 
and  ])rovide  for,  by  borrowing  and  taxation,  any  indebtedness  now  ex- 
isting created  by  the  authorities  of  the  city  for  school  purposes. 

An  act  extending  the  powers  of  boards  of  school  inspectors  elected  un- 
der special  acts.  [Approved  June  19,  1893.  L.,  1893,  p.  176. 

862.  Cities  of  20,000  to  100,000  inhabitants— control  of  schools.] 

§ 1.  Be  it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the 
general  assembly:  That  in  all  cities  in  this  state  having  over  20,000  and 

less  than  100,000  inhabitants,  whose  schools  are  now  operated  under 
special  law,  and  where,  by  such  special  law,  territory  outside  of  the  city 
limits  is  added  to  the  territory  within  the  city  for  school  purposes,  and 
where  such  school  district  or  districts  is  not  co-extensive  with  the  town- 


Schools. 


373 


ship  in  which  such  city  is  situated,  and  where,  by  such  special  law, 
boards  of  school  inspectors  consisting  of  six  members  (three  in  each  of 
two  districts)  are  elected,  the  provisions  of  any  such  special  law  divid- 
ing sucli  territory  into  two  districts,  shall  be  held  to  be  only  for  the 
purpose  of  electing  members  of  the  board  of  school  inspectors,  and  for 
all  other  purposes  the  territory  in  two  such  districts  shall  be  held  to  be 
included  in  one  school  organization,  and  the  board  of  school  inspectors, 
in  addition  to  the  other  powers  given  by  such  special  law  and  general 
school  laws,  shall  have  power  to  employ  teachers,  janitors  and  such 
other  employes  as  such  board  shall  deem  necessary  and  to  fix  the 
amount  of  their  compensation,  to  repair  and  to  improve  school  houses, 
and  to  furnish  them  with  the  necessary  supplies,  fixtures,  apparatus, 
libraries  and  fuel;  and  it  shall  be  the  duty  of  such  board  to  take  the 
entire  supervision  and  control  of  the  schools  in  such  district  or  districts. 

862a.  Taxation.]  § 2.  All  money  necessary  for  the  purposes  men- 
tioned in  section  one  of  this  act,  shall  be  raised  as  now  provided  by 
law,  not  to  exceed  the  amount,  by  law,  limited  and  shall  be  held,  by  the 
treasurer,  as  a special  fund  for  school  purposes,  subject  to  the  order  of 
school  inspectors,  upon  warrants  to  be  countersigned  by  the  mayor  and 
city  clei-k. 

862b.  Record  of  proceedings.]  The  said  board  shall  provide 
well  bound  books,  at  the  expense  of  the  school  tax  fund,  in  which  shall 
be  kept  a faithful  record  of  all  its  proceedings.  The  yeas  and  nays 
shall  be  taken  and  entered  on  the  record  of  the  proceedings  of  the 
board  upon  all  questions  involving  the  expenditure  of  money. 

862c.  Emergency.]  § 4.  Omitted. 

Compulsory  Attendance. 

An  act  concerning  the  education  of  children.  [Approved  June  19, 
1893.  L.,  1893,  p.  178. 

862d.  Infants — attendance  required.]  § 1.  Be  it  enacted  by  the 
people  of  the  state  of  Illinois,  reprsented  in  the  general  assembly : That 

every  person  having  control  of  any  child  between  the  ages  of  seven  (7) 
and  fourteen  (14)  years  shall,  annually,  cause  such  child  to  attend  for  at 
least  sixteen  (16)  weeks,  twelve  weeks  of  which  attendance  shall  be  con- 
secutive, some  public  or  private  school  : Provided,  that,  this  act  shall 
not  apply  in  any  case  where  the  child  has  been  or  is  being  otherwise  in- 
structed for  a like  period  of  time  in  the  elementary  branches  of  educa- 
tion or  whose  physical  or  mental  condition  renders  his  or  her  attendance 
impracticable  or  inexpedient  or  who  is  excused,  for  sufficient  reasons, 
by  any  competent  court  of  record. 

8620.  Violation  of  act — penalty.]  § 2.  For  every  wilful  neglect  of 
such  duty,  as  prescribed  by  section  one  (1)  of  this  act,  the  person  so 
offending  shall  forfeit,  for  the  use  of  the  public  schools  of  the  city,  town 
or  district  in  which  such  child  resides,  a sum  not  less  than  one  ($1)  dol- 
lar nor  more  than  twenty  ($20)  dollars  and  costs  of  suit. 


374 


Schools. 


862f.  Truant  officers.]  The  board  of  education  in  cities,  towns, 
villages  and  school  districts  and  the  board  of  scliool  directors  in  school 
districts  may,  at  their  own  discretion,  appoint  one  or  more,  proper  per- 
sons whose  duty  it  shall  be  to  leport  all  violations  of  this  act,  in  writing, 
to  such  board  of  education  or  board  of  directors  whose  duty  it  shall  be’ 
when  in  their  opinion  the  evidence  renders  such  action  necessary,  to 
notify  in  writing  the  ])arent  or  guardian  that  such  complaint  has  been 
made  and  if  cause  be  not  shown  within  live  (5)  days  to,  at  once,  proceed 
against  the  responsible  })crson,  as  is  hereby  provided.  It  shall,  also,  be 
the  duty  of  said  board  of  education  in  cities,  towns,  villages  and  school 
districts  and  boards  of  school  directors  in  school  districts  to  appoint  one 
of  their  number,  who  shall  be  a discreet  and  proper  person,  whose  duty 
it  shall  be  to  hear  excuses  and  reasons  of  parents  or  guardians  for  the 
non  attendance  of  children  at  school  and  to  report,  in  writing,  to  said 
boards  of  education  or  boards  of  directors,  at  the  next  regular  or  special 
meeting,  the  names,  ages  and  post  office  addresses  of  all  persons  prose- 
cuted under  the  provisions  of  this  act.  The  persons  appointed  as  such 
officers  shall  be  entitled  to  such  compensation,  for  services  under  this 
act,  as  shall  be  determined  by  the  boards  appointing  them  and  which 
compensation  shall  be  paid  out  of  the  distributable  school  fund. 

862g.  Recovery  of  fines  and  penalties.]  § 4.  Any  fine  and 
penalty  mentioned  in  this  act  may  be  sued  for  and  recovered  before  any 
court  of  record  or  justice  of  the  peace,  of  the  proper  county,  in  the  name 
of  the  people  of  the  state  of  Illinois,  for  the  use  of  the  public  schools  of 
the  city,  town,  village  or  district  in  which  said  child  resides. 

862h.  Evasion  of  Statute.]  § 5.  Any  person  having  control  of 
a child  who,  with  intent  to  evade  the  provisions  of  this  act,  shall  make 
a wilful  false  statement  concerning  the  age  of  such  child  or  the  time 
such  child  has  attended  school  shall,  for  such  offense,  forfeit  a sum  of 
not  less  than  $3  nor  more  than  $20,  for  the  use  of  public  schools  for  such 
city,  town,  village  or  district. 

Conveyance  of  School  Pkoperty. 

An  act  to  authorize  cities  and  villages  to  convey  real  estate  held  by 
them  for  school  or  academy  purposes  to  the  proper  school  officers. 
[Approved  June  27,  1885.  In  force  July  1,  1885.  L.  1885,  p.  59. 
863.  Power  to  convey  to  school  officers.]  § 1.  Be  it  enacted  by 
the  people  of  the  state  of  Illinois^  represen  ted  in  the  general  assembly^ 
That,  any  city  or  village,  incorporated  under  any  general  or  special  law 
of  this  state,  which  shall  hold  any  real  or  personal  estate  which  shall, 
have  been  conveyed  to  such  city  or  village,  by  virtue  of  any  general  or 
special  law  of  this  state,  or  otherwise,  for  school  or  academy  purposes 
is  hereby  authorized  and  empowered,  by  ordinance  or  resolution  of  the 
city  council  of  any  such  city  and  of  the  president  and  board  of  trustees 
of  any  such  village,  to  cause  such  real  or  personal  estate  to  be  conveyed 
and  transferred  to  the  proper  school  officers,  authorized  to  hold  the  same, 
for  the  use  of  the  district  in  wliich  such  real  or  personal  estate  shall  be 


Schools.  375 

situated  by  proper  deed  or  deeds  of  conveyance,  executed  by  the  proper 
officers  of  such  city  or  village,  under  the  common  seal  thereof. 

864.  Non  user;  reversion;  re-conveyance. ] §2.  That,  if  any 

real  estate,  conveyed  by  virtue  of  this  act,  shall,  at  any  time,  cease  to  be 
used  for  school  purposes,  for  a period  of  three  years,  then  it  shall  be  the 
duty  of  the  school  officers,  holding  the  title  to  such  real  estate,  to  con- 
vey the  same  back  to  said  city  or  village  to  be  by  it,  thereafter  ward,  held, 
enjoyed  and  disposed  of  as  other  corporate  property  ; which  condition 
shall  be  inserted  in  any  deed  made  by  any  such  city  or  village  by  virtue 
of  this  act.  Said  re-conveyance,  in  case  of  the  non  use  of  such  real 
estate,  for  the  period  aforesaid,  may  be  compelled  and  enforced  by  any 
tax  payer  of  said  city  or  village  by  proper  proceedings  to  be  instituted 
by  him  for  that  purpose. 

865.  Trustees  under  special  charters;  to  account  and  cease.] 

§ 3.  That,  in  all  cases  where  any  such  real  or  personal  estate  shall  have 
been  under  the  control  of  any  trustees,  appointed  or  elected  by  virtue 
of  any  general  or  special  law  of  this  state,  that  whenever  such  estate 
shall  be  conveyed  as  aforesaid,  that  the  duties  of  such  trustees,  in  rela- 
tion thereto,  shall  cease  and  determine,  and  it  shall  be  their  duty  to 
immediately  settle  and  adjust  all  matters  relating  to  such  trust  or  estate 
and  make  report  to  the  proper  authority  of  their  acts  and  doings,  upon 
the  approval  of  which  said  trustees  will  be  released  and  discharged 
from  the  further  performance  of  duty  in  tb.at  behalf.  All  moneys 
which  may  remain  in  the  treasury  of  such  city  or  village  to  the  credit 
of  any  fund,  connected  with  the  use  of  such  real  or  personal  estate 
while  so  held  by  such  city  or  village,  shall  be  used  by  such  city  or  vil- 
lage for  any  lawful  corporate  purpose. 

866.  Repeal.]  § 4.  That  all  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

An  act  to  permit  towns,  cities  and  villages  under  special  charters  to 

convey  real  estate,  for  school  sites,  to  school  trustees  of  the  township. 
[Approved  May  21,  1887.  In  force  July  1,  1887.  L.  1887,  p.  127. 

867.  Real  estate  may  be  conveyed  for  school  purposes.]  § 1. 
Be  it  enacted  hy  the  people  of  the  state  of  Illinois^  represen  ted  in  the 
general  assernhly^  That,  any  town,  city  or  village  incorporated,  by  a 
special  charter  granted  by  the  general  assembly  of  the  state  of  Illinois, 
holding  title  to  or  having  an  interest  in  any  real  estate,  may,  by  proper 
deed  of  conveyance,  executed  by  the  corporate  authorities  of  said  town, 
city  or  village,  when  authorized  hy  ordinance,  sell  and  convey  the  same 
to  the  trustees  of  schools  of  the  township  in  which  such  real  estate  is 
situated,  to  be  used  as  a school  site  for  the  school  district  in  which  such 
real  estate  is  situated. 


Schools. 


3 7 oil 

An  act  to  regulate  tlic  liolding  of  elections  and  declaring  tlie  result 
thereof  for  town,  school  townsliip  and  school  district  ])urposes  where 
such  town,  school  townshij)  or  school  district  lies  wholly  within  or 
])artly  within  and  partly  without  any  city,  village  or  incorporated 
town  which  has  adopted  or  may  ado})t  an  act  entitled  “ an  act  regu- 
lating the  holding  of  elections  and  declaring  the  result  thereof  in 
cities,  villages  and  incor])orated  towns  in  this  state,”  ap]>roved  June 
19,  1S85  ; in  force  July  1,  1SS5.  [Approved  and  in  force  March  23, 
1887.  L.,  1887,  ]).  175,  ante,  § 351. 

867a.  Town  etc.  wholly  or  partly  within  a city.]  § 1.  Be  it 

enacted  hy  the  jjeoj)le  of  the  state  of  Illinois^  represented  in  the  (jeneral 
assemljly^  That  in  all  elections  hereafter  held  for  town,  school  town- 
ship or  school  district  purposes  in  any  town,  school  township  or  school 
district  lying  wholly  within  or  partly  within  and  partly  without  any 
city,  village  or  incorporated  town  which  has  or  may  adopt  an  act 
entitled  “ an  act  regulating  the  holding  of  elections  and  declaring  the 
result  thereof  in  cities,  villages  and  incorporated  towns  in  this  state,” 
approved  June  19,  1885,  in  force  July  1,  1885,  the  legal  authorities  of 
such  town,  school  township  or  school  district  shall  locate  the  polling 
place  or  places,  apj^oint  the  judges  and  clerks  and  otherwise  conduct 
the  election  in  that  portion  or  part  of  the  town,  school  township  or 
school  district  that  lies  without  such  city,  village  or  incorporated  town 
in  the  manner  now  j)rovided  by  law,  except  as  hereinafter  provided, 
but  no  one  residing  without  such  city,  village  or  incorporated  town 
shall  vote  at  any  polling  j^lace  within,  nor  shall  any  one  residing  within 
vote  at  any  polling  place  without,  and  the  votes  cast  at  the  polling  place 
or  places  without  such  city,  village  or  incorporated  town  shall  be  can- 
vassed, certified  and  returned  as  is  now  provided  by  law  in  such  cases 
and,  in  addition  thereto,  a complete  abstract  of  the  votes  cast  shall  be 
made,  certified  and  returned  to  the  election  commissioners  of  such  city, 
village  or  incorporated  town. 

867b.  Election,  how  conducted.]  § 2.  In  all  that  part  or  portion 
of  such  town,  school  township  or  school  district  that  lies  within  such 
city,  village  or  incorporated  town  or  where  the  same  lies  wholly  within 
any  such  city,  village  or  incorporated  town  the  election  shall  be  con- 
ducted by  the  election  commissioners  of  such  city,  village  or  incorpo- 


Schools. 


375b 


rated  town  in  strict  conformity  witli  tlie  said  act  approved  June  19, 
1885,  mentioned  in  section  one  of  this  act,  and  wlien  partly  within  and 
partly  wdthont  any  such  city,  village  or  incorporated  town  the  election 
commissioners  shall  certify  the  returns  received  hy  them  from  the 
polling  place  or  j^laces  without  such  city,  village  or  incorporated  town, 
to  the  proper  officer  or  officers,  and  all  the  returns  so  certified  and 
returned  by  the  election  commissioners  shall  be  canvassed  together  with 
the  returns  certified  from  polling  places  within  by  the  same  canvassing 
board,  the  results  thereof  declared  and  certificates  of  election  shall  be 
issued  thereon  the  same  as  if  all  such  votes  had  been  cast  in,  certified 
and  returned  from  such  city,  village  or  incorporated  town.  Provided, 
it  shall  not  be  necessary  under  this  act  for  the  election  commissioners 
to  make  or  cause  to  be  made  a revision  of  the  registry  for  special  elec- 
tion or  elections  to  fill  a vacancy  in  a single  office. 

867c.  Officer’s  neglects  etc. — obstructing  election.]  § 3.  Any 
officer  who  shall  willfully  refuse  to  perform  any  duty  required  by  this 
act  shall  be  guilty  of  a misdemeanor  and  shall  be  liable  to  a fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars  and, 
on  conviction,  shall  be  removed  from  office  by  the  order  of  court  wherein 
such  fine  is  assessed,  and  any  person  or  combination  of  persons  who 
shall,  under  any  pretense  whatever,  attempt  to  establish  a rival  polling 
place  or  otherwise  attempt  to  obstruct  or  interfere  with  any  election 
held  or  to  be  held  under  this  act  shall  be  guilty  of  a felony  and  on  con- 
viction shall  be  imprisoned  in  the  penitentiary  not  less  than  one  nor 
more  than  three  years. 

867d.  Repealing.]  § 3^.  All  acts  or  parts  of  acts  in  conflict  with 
this  act  are,  hereby,  repealed. 

Emergency.]  § 4.  Omitted.  ’ 

School  Officers  m Cities. 

An  act  to  provide  for  the  compensation  of  judges  and  clerks  of  elections 
at  elections  at  which  trustees  of  schools  and  school  directors  are 
elected  under  the  provisions  of  an  act  entitled  an  act  to  regulate 


3TG 


SrAUROWS. 


the  holding  of  elections  and  declaring  the  result  thereof  in  cities, 
villages  and  incorporated  towns  in  this  state,”  approved  June  19, 
1885.  [Approved  Juno  3,  1889.  In  force  July  1,  1889.  L.  1889," 
p.  150. 

868.  Expense  of  election  of  trustee,  how  paid.]  § 1.  Be  it  en- 
acted hy  the  people  of  the  state  of  Illinois^  represented  in  the  general 
assemhly^  That,  at  all  elections  held  under  the  provisions  of  an  act  en- 
titled “ An  act  to  regulate  the  holding  of  elections  and  declaring  the 
result  thereof  in  cities,  villages  and  incorporated  towns  in  this  state’’, 
approved  June  19,  1885,  and  those  amendatory  and  supplemental 
thereto,  at  which  any  trustee  of  school  may  have  been  heretofore  or 
shall  hereafter  be  elected,  the  expenses  of  such  election  shall  be  paid 
out  of  the  treasury  of  such  city,  village  or  incorporated  town. 

869.  Expense  of  election  of  director,  how  paid.]  § 2.  That,  at 
all  elections  held  under  the  provisions  of  said  acts  at  which  a school 
director  is  elected,  the  expenses  of  such  election  shall  be  paid  out  of 
any  funds  belonging  or  appertaining  to  the  district  for  which  such  di- 
rector is  elected. 

870.  Tax  levy.]  § 3.  The  corporate  authorities  of  cities,  villages, 
incorporated  towns  or  school  districts  are,  hereby,  authorized  and 
empowered  to  levy  taxes  for  the  purpose  of  paying  such  election 
expenses. 

82a.  SPAEROWS. 

870a.  Bounty  for  killing  during  certain  870d.  Killiug  of  other  birds — penalty. 

monihs.  870e.  Entomological  bulletins,  for  clerks. 

870b.  Application  for  bounty — bow  made.  870f.  Certificates  for  bounty  wrongfully 
870c.  Payment  — bow  made.  issued  — penalty. 

An  act  to  provide  for  the  payment  of  bounties  for  killing  English  spar- 
rows. [In  force  July  1,  1891,  L.,  1891,  p.  201. 

870a.  Bounty  for  killing  during  certain  months.]  § 1.  Be  it  en- 
acted hy  the  people  of  the  state  of  Illinois^  represented  in  the  general  assem- 
bly: That  every  person,  being  an  inhabitant  of  this  state,  who  shall  kill 
an  English  sparrow  in  any  county  not  under  township  organization  or 
in  any  organized  township,  village  or  city  in  this  state  during  the  months 
of  December,  January  and  February,  shall  be  entitled  to  receive  a 
bounty  of  two  cents  for  each  sparrow  thus  killed,  to  be  allowed  and 
paid  in  the  manner  hereinafter  provided. 

870b.  Application  for  bounty  — how  made.]  § 2.  Every  per- 
son applying  for  such  bounty  shall  -take  such  sparrow,  or  the  head 
thereof,  in  lots  of  not  less  than  ten,  to  the  county  clerk  in  counties  not 
under  township  organization,  or  to  the  clerk  of  the  township,  village  or 
city  within  which  such  sparrow  shall  have  been  killed,  who  shall  there- 
upon decide  upon  such  application,  and  if  satisfied  of  the  correctness  of 
such  claim,  shall  issue  a certificate,  stating  the  amount  of  bounty  to 
which  such  applicant  is  entitled,  and  deliver  the  same  to  said  applicant, 
and  shall  destroy  the  heads  of  such  sparrows. 


Streets. 


377 


870c.  Payment,  how  made.]  § 3.  Such  certificate  may  be  pre- 
sented by  tlie  claimant  or  his  agent  to  the  county  clerk  of  the  county 
in  which  such  sparrow  or  sparrows  have  been  killed,  who  shall  there- 
upon draw  a warrant  for  the  amount  on  the  treasurer  of  said  county,  and 
said  treasui-er  shall,  upon  presentation  of  said  warrant,  pay  the  same 
from  the  general  or  contingent  fund  of  said  county. 

Syod.  Killing  of  other  birds  — penalty.]  § 4.  If  any  person, 
in  applying  to  the  clerk  of  counties  not  under  township  organization  or 
to  the  clerk  of  any  township,  village  or  city  for  the  certificate,  stating 
the  amount  of  bounty  to  which  he  may  be  entitled  under  this  act,  shall 
have  in  his  possession  or  present  to  such  clerk  the  head  or  heads  of  any 
bird  or  birds  other  than  the  English  sparrow,  such  person  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  five  dollars  for  each  head  of  such  bird  other  than  the  English 
sparrow  so  being  in  his  possession  or  presented  to  the  clerk.  And  it 
shall  be  the  duty  of  the  clerk  to  whom  such  application  is  made,  upon 
finding  the  head  of  any  bird  other  than  the  English  sparrow,  among 
the  heads  presented  to  him,  to  confiscate  the  heads  so  presented  and 
preserve  them  to  be  used  as  evidence  against  the  person  applying  for 
the  bountv,  and  refuse  to  issue  the  certificate. 

Syoe.  Entomological  bulletins,  for  clerks.]  § 5.  It  is  hereby 
made  the  duty  of  the  director  of  the  state  laboratory  of  natural  history,^ 
to  prepare,  as  soon  after  this  act  shall  take  effect  as  practicable,  a bulle- 
tin of  information  for  the  use  of  the  clerks  of  county,  townships,  vil- 
lages and  cities  in  this  state,  to  enable  them  to  distinguish  the  heads  of 
the  English  sparrow  from  tliose  of  other  birds,  and  which  said  bulletins 
shall  be  delivered  to  said  clerks  free  of  charge. 

Sypf.  Certificates  for  bounty  wrongfully  issued— penalty.]  §6. 
If  any  clerk  of  any  county  not  under  township  organization,  clerk  of 
any  township,  village  or  city  shall  knowingly  issue  any  certificate  for 
the  payment  of  the  bounty  provided  for  in  this  act,  for  the  killing  of 
any  bird  other  than  the  English  sparrow,  such  clerk  shall  be  deemed 
guilty  of  a misdemeanor  and,  upon  conviction  thereof,  shall  be  fined  not 
less  than  ten  dollars. 


83.  STREETS. 


Section. 

871.  Sidewalks  by  taxation. 

872.  What  ordinance  may  provide. 

873.  In  case  owner  neglects  to  construct. 

874.  Special  tax — duty  of  clerk  — report. 

875.  General  officer  to  obtain  judgment — 

by  what  law  governed. 

876.  When  constructed  by  owner. 

877.  Vacation  of  streets,  etc. — vote  re- 

quired. 

878.  Rights  of  adjoining  owners. 

879.  Right  of  U.  S.  to  purchase  or  con- 

demn. 


Section. 

880.  Jurisdiction  — exemption  from  taxa- 

tion. 

881.  Street  or  alley  closed. 

882.  Drives  to  public  parks. 

883.  Taxes  — special  assessments  etc. 

88  <.  Control  by  park  commissioners. 

885.  Reversion,  when. 

886.  City  etc  may  grant  control  to  park 

commissioners, 

887.  Pleasure  driveways,  when  estab- 

lished. 

888.  How  laid  out  etc. 


378 


Stukets. 


Skction. 

byy.  Control  thereof. 

8b9u.  Driveways,  improvement  etc. — 
assessments  — instalments. 

880b.  Driveway  extension  on  bed  of  Lake 
Michigan. 

889c.  Plans  and  estimates  — consent  of 
property  owners. 

889d.  Construction  — submerged  lauds  — 
title  to  and  conveyance  of. 


Section. 

889e.  Constructed  — inuring  of  title. 
889f.  Street  extensions  stop  at  way. 

890.  Use  by  elevated  railroad. 

891.  When  street  more  than  one  mile. 

892.  Repeal. 

893.  Prohibited  publications. 

894.  Exhibition  thereof  on  street. 

895.  Sale  thereof  by  minors. 


Sidewalks. 

An  act  to  provide  additional  means  for  the  construction  of  sidewalks 

in  cities,  towns  and  villages.  [Approved  April  15,  1875.  In  force 
July  1,  1875.  L.  1875, ^p.  63. 

871.  Sidewalks  by  taxation.]  § 1.  Be  it  enacted  hy  the  'people  of 
the  state  of  Illinois^  represented  in  the  general  assembly,  That,  in  ad- 
dition to  the  mode  now  authorized  by  law,  any  city  or  incorporated 
town  or  village  may,  by  ordinance,  provide  for  the  construction  of 
sidewalks  therein,  or  along  or  upon  any  street  or  part  of  street  therein, 
and  may,  by  such  ordinance,  provide  for  the  payment  of  the  whole  or 
any  part  of  the  cost  thereof  by  special  taxation  of  the  lot,  lots  or  par- 
cels of  land  touching  upon  the  line  where  any  such  sidewalk  shall  be 
ordered,  and  such  special  taxation  ma}’  be  either  by  a lev}^  upon  any 
lot  of  the  whole,  or  any  part,  of  the  cost  of  making  any  such  sidewalk 
in  front  of  such  lot  or  parcel  of  land,  or  by  levying  the  whole  or  any 
part  of  the  cost  upon  each  of  the  lots  or  parcels  of  land  touching  upon 
the  line  of  such  sidewalk,  pro  rata,  upon  each  of  said  lots  or  parcels, 
according  to  their  respective  values  — the  values  to  be  determined  by 
the  last  preceding  assessment  thereof  for  the  purpose  of  state  and 
county  taxation ; or  the  whole  or  any  part  of  the  cost  thereof  may  be 
levied  upon  such  lots  or  parcels  of  land  in  proportion  to  their  frontage 
upon  such  sidewalks,  or  in  proportion  to  their  superficial  area,  as  may 
be  provided  by  ordinance  ordering  the  laying  down  of  such  sidewalk; 
and,  in  case  such  or  dinani'e  shall  only  require  the  payment  of  a part  of 
the  cost  of  such  sidewalk  to  be  paid  by  a special  tax  as  aforesaid,  then 
the  residue  of  such  cost  shall  be  paid  out  of  any  fund  of  such  city, 
town  or  village  raised  by  general  taxation  upon  the  property  thereof 
and  not  otherwise  appropriated. 

872.  What  ordinance  may  provide.]  § 2.  Said  ordinance  shall 
define  the  location  of  such  proposed  sidewalk  with  reasonable  certainty, 
shall  prescribe  its  width,  the  materials  of  which  it  shall  be  constructed, 
and  the  manner  of  its  construction,  and  may  provide  that  the  materials 
and  construction  shall  be  under  the  supervision  of,  and  subject  to,  the 
approval  of  some  othcer  or  board  of  officers  of  such  city,  town  or  vil- 
lage, to  be  designated  in  said  ordinance.  Said  ordinance  shall  be  pub- 
lished as  required  by  law  for  other  ordinances  of  said  city,  town  or  vil- 
lage, and,  may  require  all  owners  of  lots  or  parcels  of  land  touching  the 
line  of  said  proposed  sidewalk  to  construct  a sidewalk  in  front  of  their 


Streets. 


379 


respective  lots  or  parcels,  in  accordance  with  the  specifications  of  snid 
ordinance,  within  thirty  days  after  such  publication  and,  in  default 
thereof,  said  materials  to  be  furnished  and  sidewalk  constructed  by  said 
city,  town  or  village,  and  the  cost,  or  such  part  thereof  as  may  be  fixed 
in  said  ordinance,  may  be  collected  from  tlie  respective  owners  of  said 
lots  or  parcels  of  land  as  hereinafter  provided. 

873.  In  case  owner  neglects  to  construct.]  § 3.  In  case  of  the 
default  of  any  lot  owner  or  owners  to  construct  the  sidewalk,  as 
required  by  ordinance,  and  the  same  shall  be  constructed  by  the  city, 
town  or  village,  the  cost  thereof,  or  such  part  of  the  cost  thereof  as 
may  have  been  fixed  by  said  ordinance,  may  be  recovered  of  the  owners, 
so  in  default,  by  an  action  of  debt  in  the  name  of  the  city,  town  or  vil- 
lage, against  such  owners  respectively,  in  any  court  of  competent  juris- 
diction, or  upon  the  completion  of  the  work  by  such  city,  town  or  vil- 
lage. Such  ordinance  may  provide  that  a bill  of  the  cost  of  such  side- 
walk, showing  in  separate  items  the  cost  of  grading,  materials,  laying 
down  and  supervision,  shall  be  tiled  in  the  office  of  the  clerk  of  such 
city,  town  or  village,  certified  to  by  the  officer  or  board  designated,  by 
said  ordinance,  to  take  charge  of  the  construction  of  said  sidewalk,  to- 
gether with  a list  of  the  lots  or  parcels  of  land  touching  upon  the  line 
of  said  sidewalk,  the  names  of  the  owners  thereof  and  the  frontage, 
superficial  area,  or  assessed  value,  as  aforesaid,  according  as  said  ordi- 
nance may  provide  for  the  levy  of  said  costs  by  frontage,  superficial  area, 
or  assessed  value;  whereupon  said  clerk  shall  proceed  to  prepare  a spe- 
cial tax  list  against  said  lots  or  parcels  and  the  owners  thereof,  ascer- 
taining, by  computation,  the  amount  of  special  tax  to  be  charged  against 
each  of  said  lots  or  parcels  and  the  owners  thereof,  on  account  of  the 
construction  of  said  sidewalk,  according  to  the  rule  fixed  for  the  levy 
of  such  special  tax  by  said  ordinance,  which  special  tax  list  shall  be  filed 
in  the  office  of  said  clerk;  and,  said  clerk  shall  thereupon  issue  warrants 
directed  to  such  officer  as  may  be  designated  in  such  ordinance,  for  the 
collection  of  the  amount  of  special  tax  so  ascertained  and  appearing 
from  said  special  tax  list  to  be  due  from  the  respective  owners  of  the 
lots  or  parcels  of  land  touching  upon  the  line  of  said  sidewalk ; and, 
such  officer  shall  proceed  to  collect  such  warrants  in  the  same  manner 
as  constables  are  authorized  to  collect  executions,  and  make  return 
thereof,  together  with  the  moneys  collected,  to  the  clerk  of  such  city, 
town  or  village  within  sixty  days  from  the  date  of  their  issue;  and,  in 
case  any  such  warrant  shall  be  returned,  as  to  the  whole  or  any  part 
thereof,  “ no  property  found  ”,  other  warrants  may  issue  and  proceed- 
ings by  garnishment  may  be  resorted  to,  as  in  cases  of  garnishment  in 
aid  of  the  collection  of  judgments  at  law,  and  all  moneys  so  collected 
and  paid  over  to  said  clerk  shall  be,  by  him,  immediately  paid  over  to 
the  treasurer  of  said  city,  town  or  village. 

874.  Special  tax  — duty  of  clerk — report.]  § 4.  Upon  failure  to 
collect  such  special  tax,  as  heretofore  provided  in  this  act,  it  shall  be  the 
duty  of  said  clerk,  within  such  time  as  such  ordinance  may  provide,  to 
make  report  of  all  such  special  tax,  in  writing,  to  such  general  officer 


380 


Streets. 


of  tlie  county  as  may  be  authorized  by  law  to  apply  for  judgment 
against  and  sell  lands  for  taxes  due  county  or  statCj  of  all  the  lots  or 
])arcels  of  land  upon  which  such  special  tax 'shall  be  so  unpaid,  with  the 
names  of  the  respective  ownei’S  tliereof,  so  far  as  the  same  are  known 
to  said  clerk,  and  the  amount  due  and  unpaid  upon  each  tract,  together 
with  a copy  of  the  ordinance  ordering  the  construction  of  said  side- 
w'alk,  which  report  shall  be  accompanied  by  the  oath  of  the  clerk  that 
the  list  is  a correct  return  of  the  lots  and  parcels  of  land  on  which  the 
special  tax  levied  by  authority  of  said  city,  town  or  village,  for  the 
cost  or  partial  cost  (as  the  case  may  be)  of  the  sidewalk  in  said  ordi- 
nance specified,  remains  due  and  unpaid,  and  that  the  amounts  therein 
stated  as  due  and  unpaid  have  not  been  collected,  nor  any  part  thereof. 
Said  reports,  when  so  made,  shall  be  prima  facie  evidence  that  all  the 
forms  and  requirements  of  the  law  in  relation  to  making  such  return 
have  been  com])lied  with,  and  that  the  special  tax,  as  mentioned  in  said 
report,  is  due  and  unpaid. 

875.  General  officer  to  obtain  judgment  — by  what  law  gov- 
erned.] § 5.  When  said  general  officer  shall  receive  the  aforesaid  re- 
port, he  shall,  at  once,  proceed  to  obtain  judgment  against  said  lots  or 
parcels  of  land  for  said  special  tax  remaining  due  and  unpaid,  in  the 
same  manner  as  may  be  provided  by  law  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  to  the  county  and  state,  and  shall  in  the 
same  manner  proceed  to  sell  the  same  for  the  said  special  tax  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the  said 
officer  shall  be  governed  by  the  general  revenue  laws  of  the  state,  ex- 
cept when  otherwise  provided  herein,  and  said  general  law^s  shall,  also, 
be  applicable  to  the  execution  of  certificates  of  sale  and  deeds  1 hereon, 
and  the  force  and  effect  of  such  sales  and  deeds ; and,  all  other  laws  in 
relation  to  the  enforcement  and  collection  of  taxes  and  redemption 
from  tax  sales  shall  be  applicable  to  proceedings  to  collect  such  special 
tax,  except  as  herein  otherwise  provided. 

876.  When  constructed  by  owner  may  obtain  order.]  § 6. 
Whenever  payment  of  the  costs  of  any  such  sidewalk  is  required  to 
be  made  in  part  by  special  tax  and  in  part  out  of  any  general  fund  of 
such  city,  town  or  village,  and  the  owner  of  any  such  lot  or  parcel  of 
land  shall  construct  such  sidewalk  in  accordance  with  the  ordinance,  pro- 
viding for  its  construction,  such  owner  shall  file  with  the  clerk  of  such 
city,  town  or  village,  an  itemized  statement  of  the  cost  of  such  side- 
walk, so  constructed  by  him,  verified  by  affidavit,  together  with  a cer- 
tificate, of  the  officer  or  board  directed  by  such  ordinance  to  superintend 
the  construction  thereof,  that  such  sidewalk  has  been  constructed  and 
fully  completed  by  such  owner  in  accordance  with  such  ordinance,  and 
the  council  of  such  city,  town  or  village  shall,  thereupon,  at  its  first 
meeting  thereafter,  allow  and  order  to  be  issued,  to  sucli  owner,  an  or- 
der on  the  treasurer  of  such  city,  town  or  village,  for  the  cost  of  the 
construction  of  such  sidewalk,  less  the  amount  of  special  tax  chargeable 
to  the  lot  or  parcel  of  land  of  such  owner  on  the  line  of  which  such 
sidewalk  has  been  so  constructed. 


Streets. 


381 


Vacation  of  Streets  and  Alleys. 

An  act  to  revise  the  law  in  relation  to  the  vacation  of  streets  and  alleys. 

[Approved  March  24,  1874.  In  force  July  1,  1874. 

877.  Three-fourths  vote  required — damages.]  § 1.  Be  it  en- 
acted hy  the  people  of  the  state  <f  Illinois^  represented  in  the  general 
assembly^  That,  no  city  council  of  any  city,  or  board  of  trustees  of  any 
village  or  town,  whether  incorporated  by  special  act  or  under  any  gen- 
eral law,  shall  have  power  to  vacate  or  close  any  street  or  alley,  or  any 
portion  of  the  same,  except  upon  a three-fourths  inajoriry  of  all  the  al- 
dermen of  the  city  or  trustees  of  the  village  or  town  authorized  by  law 
to  be  elected  ; such  vote  to  be  taken  by  ayes  and  noes,  and  entered  on 
the  records  of  the  council  or  board.  And,  when  property  is  damaged 
by  the  vacation  or  closing  of  any  street  or  alley,  the  same  shall  be  as- 
certained and  paid  as  provided  by  law. 

878.  Rights  of  adjoining  owners.]  § 2.  When  any  street,  alley, 
lane  or  highway,  or  any  part  thereof,  has  been  or  shall  be  vacated  un- 
der or  by  virtue  of  any  act  of  this  state  or  by  order  of  the  city  council 
of  any  city  or  trustees  of  any  village  or  town,  or  by  the  commissioners 
of  highways,  county  board,  or  other  authority  authorized  to  vacate  the 
same,  the  lot  or  tract  of  land  immediately  adjoining  on  either  side  shall 
extend  to  the  central  line  of  such  street,  alley,  lane  or  highway  or  part 
thereof  so  vacated,  unless  otherwise  specially  provided  in  the  act,  ordi- 
nance or  order  vacating  the  same;  unless,  in  consequence  of  more  of  the 
land  for  such  street,  alley,  lane  or  highway  having  been  contributed 
from  the  land  on  one  side  thereof  than  the  other,  such  division  is  in- 
equitable, in  which  case  the  street,  alley,  lane  or  highway  so  vacated 
shall  be  divided  according  to  the  equities  of  the  adjoining  owners. 

An  act  to  cede  jurisdiction,  to  the  United  States,  over  certain  land  and 

for  the  purchase  and  condemnation  thereof.  [Approved  and  in 

force  December  14,  1871.  R.  S,,  1874,  ch.  143. 

879.  United  States  may  purchase  or  condemn  lands.]  §1.  Be 
it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the 
general  assembly^  That,  the  United  States  shall  have  power  to  pur- 
chase or  condemn,  in  the  manner  prescribed  by  law,  upon  making  just 
compensation  therefor,  any  land  in  the  state  of  Illinois  required  for 
custom  houses,  arsenals,  light  houses,  national  cemeteries  or  for  other 
purposes  of  the  government  of  the  United  States. 

880.  Jurisdiction  — exemption  from  taxation.]  §2.  The  United 
States  may  enter  upon  and  occupy  any  land  which  may  have  been  or 
may  be  purchased  or  condemned,  or  otherwise  acquired,  and  shall  have 
the  right  of  exclusive  legislation  and  concurrent  jurisdiction,  together 
with  the  state  of  Illinois,  over  such  land  and  the  structures  thereon,  and 
shall  hold  the  same,  exempt  from  all  state,  county  and  municipal  taxa- 
tion. 

881.  Street  or  alley  closed.]  § 4.  That,  in  case  there  shall  be  any 
street  or  alley  running  through  any  block  or  tract  of  land  so  purchased 
or  acquired  by  the  said  United  States,  for  any  of  the  purposes  described 


382 


Streets. 


in  the  said  act  hereinbefore  set  forth,  all  that  portion  of  such  street  or 
alley  within  such  block  or  tract  of  land,  shall,  upon  the  purchase  of  the 
same  by  the  United  States,  or  the  transfer  of  the  same  to  the  United 
States  by  condemnation  or  otherwise,  for  any  of  the  pui-poses  aforesaid, 
be  and  the  same  is,  hereby,  vacated  and  closed  and  tlie  lots  or  tracts  of 
land  abutting  upon  any  such  street  or  alley  shall  extend  to  the  center 
line  thereof,  and  vest  in  the  said  United  States,  and  become  the  pro- 
])erty  thereof,  with  full  right,  power  and  authority  to  use,  occupy  and 
en  joy  the  same  as  its  own  property  in  fee,  to  the  same  extent  as  though 
the  same  had  never  been  used  or  occupied  as  a street  or  alley;  and  the 
said  act,  to  which  this  is  an  amendment,  shall  apply  to  the  said  portion 
of  such  street  or  alley  so  vacated  to  the  same  extent  as  to  the  block  or 
tract  of  land  so  purchased  or  to  be  purchased  or  condemned  for  any  of 
the  purposes  aforesaid.  [This  section  was  added  hy  amendment 
approved  March  7,  1872.  In  force  July  1,  1872.  L.  1871-2,  p.  552. 

Pleasure  Driveways. 

An  act  to  enable  park  commissioners  or  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public  parks 
to  pay  for  the  improvement  thereof  and,  in  that  behalf,  to  make  and 
collect  a special  assessment  or  special  tax  on  contiguous  property. 
[Approved  and  in  force  April  9,  1879.  L.  1879,  p.  216. 

882.  Drives  to  public  parks.]  § 1.  Be  it  enacted  hy  the  people  of 
the  state  of  Illinois^  reyjresented  in  the  general  assembly^  That,  every 
board  of  park  commissioners  shall  have  power  to  connect  any  public 
park,  boulevard  or  drivew’ay  under  its  control,  with  any  part  of  any 
incorporated  city,  town  or  village,  by  selecting  and  taking  any  connect- 
ing street  or  streets  or  parts  thereof,  leading  to  such  park  : Provided, 
that  the  streets  so  selected  and  taken,  so  far  as  taken,  shall  he  within 
the  district  or  territory,  tlie  property  of  which  shall  be  taxable  for  the 
maintenance  of  such  park ; And,  provided,  further,  that  the  consent  of 
the  corporate  authorities  having  control  of  any  such  street  or  streets  so 
far  as  selected  afid  taken  and,  also,  the  consent  in  writing  of  the  owners 
of  a majority  of  the  frontage  of  the  lots  and  lands  abutting  on  such 
street  or  streets,  so  far  as  taken,  shall  be  first  obtained ; And,  provided, 
further,  that  such  connection  or  improvement,  shall  embrace  only  such 
street,  or  streets,  as  are  necessary  to  form  one  continuous  improvement. 

883.  Taxes  — special  assessments  etc.]  §2.  That,  such  board 
of  park  commissioners  or  such  corporate  authorities,  as  are  by  law 
authorized  to  levy  taxes  or  assessments  for  the  maintenance  of  such 
parks,  shall  have  power  to  improve  such  street  or  streets  in  such  man- 
ner as  they  may  deem  best;  and,  for  that  purpose  they  are,  hereby, 
authorized  to  pay  for  the  improvement  thereof  and,  from  time  to  time, 
to  levy  or  cause  to  be  levied  and  collected  a special  tax  or  assessment 
on  contiguous  property  abutting  upon  such  street  so  improved,  for  a 
sum  of  money  not  exceeding  the  estimated  cost  of  such  first  improve- 
ment or  improvements,  as  shall  be  ordered  and  estimated  by  such  board 


Streets. 


383 


of  park  commissioners,  but  not  for  any  subsequent  repair  thereof.  And, 
to  that  end  such  board  or  corporate  authorities  shall  have  all  the  power 
and  authority  now  or  hereafter  granted  to  them  respectively,  relative 
to  the  levy,  assessment  and  collection  of  taxes  or  assessments  for  cor- 
porate purposes.  And,  such  special  taxes  or  assessments,  as  are  hereby 
authorized,  may  be  divided  into  not  exceeding  four  annual  instalments, 
bearing  interest  at  the  rate  of  six  per  cent,  per  annum  from  the  date  of 
contirmation  until  paid;  and,  the  said  assessment  or  instalments  thereof 
shall  be  collected  and  enforced  in  the  same  manner  as  is  provided  by 
law  for  the  collection  and  enforcement  of  other  taxes  or  assessments, 
for,  or  on  account  of  such  corporate  bodies  or  boards,  as  aforesaid,  so 
far  as  the  same  are  applicable. 

884.  Control  by  park  commissioners.]  § 3.  Such  park  boards 
shall  have  the  same  power  and  control  over  the  parts  of  streets  taken, 
under  this  act,  as  are  or  may  be  by  law  vested  in  them  of  and  concern- 
ing the  parks,  boulevards  or  driveways  under  their  control. 

885.  Reversion  — when.]  §4.  In  case  any  such  streets,  or  parts 
thereof,  shall  pass  from  the  control  of  any  such  park  board,  the  power 
and  authority  over  the  same,  granted  or  authorized  by  this  act,  shall 
revert  to  the  proper  corporate  authorities  of  such  city,  town  or  village, 
respectively,  as  aforesaid. 

886.  City  etc.  may  grant  control  to  park  commissioners.]  § 5. 

Any  city,  town  or  village,  in  this  state  shall  have  full  power  and 
authority  to  invest  any  of  such  park  boards  with  the  right  to  control, 
improve  and  maintain  any  of  the  streets  of  such  city,  town  or  village, 
for  the  purpose  of  cariying  out  the  provisions  of  this  act. 

1.  Wliere  a city  is  authorized,  by  statute,  to  grant  the  control  of  certain  streets  to 
park  commissioners  or  not,  at  its  pleasure,  it  may  grant  such  control  with  reserva- 
tions as  to  the  laying  of  gas  and  water  pipes  and  the  construction  of  sewers.  Such 
reservations  will  not  invalidate  the  grant;  but,  the  grant  must  be  taken  subject  to 
the  reservations  and  conditions  imposed  — if  accepted;  People  v.  Walsh,  96  111.,  232. 

An  act  to  provide  for  pleasure  driveways  in  incorporated  cities,  villages 

and  towns.  [Approved  and  in  force  March  27,  1889.  L.  1889,  p.  83. 

887.  Pleasure  driveways  — when  established.]  §1.  Be  it  en- 
acted hi/  the  people  of  the  state  of  Illinois^  represented  in  the  general 
assemhly^  That,  the  city  council  in  cities,  the  president  and  the  board 
of  trustees  in  villages,  or  the  board  of  trustees  in  incorporated  towns, 
whether  incorporated  under  the  general  law  or  special  charter,  shall 
have  the  power  to  designate,  by  ordinance,  the  whole  or  any  part  of,  not 
to  exceed  two  streets,  roads,  avenues,  boulevards  or  highways,  under 
their  jurisdiction,  as  a public  driveway,  to  be  used  for  pleasure  driving, 
only,  and  to  improve  and  maintain  the  same  and,  also,  to  lay  out,  estab- 
lish, open,  alter,  widen,  extend,  grade,  pave  or  otherwise  improve  and 
maintain  not  more  than  two  roads,  streets  or  avenues,  and  designate 
the  same  as  pleasure  driveways,  to  be  used  for  pleasure  driving  only: 
Provided,  said  powers  shall  only  be  exercised  when  said  corporate  au- 
thorities are  petitioned  thereto  by  the  owners  of  more  than  two-thirds 
(f)  of  the  frontage  of  land  fronting  upon  said  proposed  pleasure  drive- 
ways. 


M 


Streets. 


888.  How  laid  out  etc.]  § 2.  Said  pleasure  driveways  may  be  laid 
out,  extended  and  improved  under  the  provisions  of  article  9,  of  an  act 
to  provide  for  the  incor])oration  of  cities  and  villages,  approved  April 
10,  1872,  in  force  July  1,  1872,  and  any  and  all  amendments  thereto. 

889.  Control  thereof.]  § 3.  Said  corporate  authorities  may,  hy 
ordinance,  regulate,  i-estrain  and  control  the  speed  of  travel  upon  said 
pleasure  di’ives  and  ])rescribe  the  kiiid  of  vehicles  that  shall  be  allowed 
u|K)n  the  same  and,  in  all  things,  may  regulate,  restrain  and  control  the 
me  of  said  pleasure  driveways  hy  tlie  ])ublic  or  individuals,  and  may 
exclude  therefrom  funeral  processions,  hearses  and  traffic  teams  and  ve- 
liicles,  so  as  to  free  the  same  from  any  and  all  business  traffic  or  objec- 
tionable travel,  and  make  the  same  a pleasure  driveway  for  pleasure 
driving  only,  and  inay  prescribe,  in  such  ordinances,  such  fines  or  penal- 
ties for  the  violation  thereof  as  they  are  allowed  by  law  to  prescribe  for 
the  violation  of  other  ordinances. 

An  act  to  enable  corporate  authorities  to  provide  for  the  improvement, 

maintenance  and  repair  of  driveways,  wliich  are  part  of  a public  park, 

by  a special  tax  or  special  assessment  on  contiguous  property.  [Ap- 
proved June  1,  1889.  L.,  1889,  p.  211. 

889a.  Driveways,  improvement  and  maintenance  — assessment 
— instalments.]  § 1.  Be  U enacted  hy  the  people  of  the  state  of  Illinois^ 
represented  in  the  general  assembly : That  in  all  cases  where  lands  within 
specified  boundaries  bordering  a lake  have  been  declared  to  be  a public 
park,  and  where  the  commissioners  of  such  park  have  been  named  in 
the  act  establishing  the  same  and  their  successors  have  since  been  ap- 
pointed by  the  governor  of  the  state,  such  corporate  authorities  as  are 
by  law  authorized  to  levy  taxes  for  the  maintenance  of  such  park,  shall 
have  power,  where  any  driveway  has  been  made  or  ma}^  hereafter  be 
established,  opened  or  constructed,  or  where  any  street  or  streets  located 
in  any  city,  incorporated  village  or  town  in  which  any  portion  of  such 
park  is  now  located  and  leading  to  such  park,  have  been  or  may  here- 
after be  selected  and  taken  pursuant  to  law  by  such  park  commissioners, 
to  improve,  maintain  and  repair  such  driveway,  stieet  or  streets  in  such 
manner  as  said  commissioners  may  deem  best,  and  for  that  purpose  they 
are  hereby  authorized  to  pay  for  the  improvement  and  maintenance 
thereof,  and  such  corporate  authorities  may,  from  time  to  time,  levy  or 
cause  to  be  levied,  a special  tax  or  assessment  on  contiguous  property 
abutting  upon  such  driveway  or  street  so  improved  for  a sum  of  money 
not  exceeding  the  estimated  cost  of  such  improvement  or  improve- 
ments, and  for  the  maintenance  and  repair  thereof  as  shall  be  ordered 
and  estimated  by  such  board  of  park  commissioners.  And,  to  that  end, 
such  corporate  authorities  shall  have  all  the  power  and  authority  now 
or  hereafter  granted  to  them,  respectively,  relative  to  the  levy,  assess- 
ment and  collection  of  taxes  or  assessment  for  corporate  purposes,  and 
such  special  taxes  or  assessments  as  are  hereby  authorized,  may  be 
divided  into  not  exceeding  four  annual  instalments,  bearing  interest  at 
the  rate  of  six  per  cent.  (6  per  cent.)  per  annum  from  the  date  of  con- 


Streets. 


385 


firmation  until  paid.  And  the  assessment  or  instalments  thereof  shall  be 
collected  and  enforced  in  the  same  manner  as  is  provided  by  law  for 
the  collection  and  enforcement  of  other  taxes  or  assessments  for  or  on 
account  of  such  corporate  bodies  or  boards  as  aforesaid,  so  far  as  the 
same  are  applicable. 

An  act  to  enable  park  commissioners  having  control  of  any  boulevard 

or  driveway  bordering  upon  any  public  waters  in  this  state  to  extend 

the  same.  [Approved  June  4,  1889.  L.,  1889,  p.  212. 

889b.  Driveway  extension  on  bed  of  Lake  Michigan.]  § 1.  Be 
it  enacted  hy  the  peojAe  of  the  state  of  Illinois^  represented  in  the  general 
assembly : That  every  board  of  park  commissioners  existing  under  the 
laws  of  this  state,  that  now  has,  or  may  hereafter  have,  control  over  any 
boulevard  or  driveway  connecting  with  any  public  park  under  the  con- 
trol of  such  board  and  bordering  upon  any  public  waters  in  this  state, 
shall  have  power,  subject  to  the  limitations  in  this  act  contained,  to  ex- 
tend such  boulevard  or  driveway  of  the  width  of  not  more  than  two 
hundred  feet  over  and  upon  the  bed  of  such  public  waters  : Provided, 
however,  that  no  such  boulevard  or  driveway  shall  be  extended  under 
the  provisions  of  this  act  in  such  a manner  as  to  interfere  with  the  navi- 
gation of  such  public  waters  for  the  purposes  of  commerce,  and  that  the 
lands  adjacent  to  such  public  waters  and  connected  with  the  termini  of 
such  boulevard  or  driveway,  as  extended  under  the  provisions  of  this 
act,  shall  lie  within  the  district  or  territory,  the  property  of  which  shall 
be  taxable  for  the  maintenance  of  the  parks  under  the  control  of  such 
board. 

889c.  Plans  and  estimates  — consent  of  property  owners  — 
riparian  rights.]  § 2.  Whenever  any  such  board  of  park  commissioners 
shall  determine  to  extend  any  such  boulevard  or  driveway  under  this  aet, 
said  board  shall  prepare  a plan  of  such  proposed  extension,  and  make 
an  estimate  of  the  cost  thereof,  and  shall  obtain  the  consent  in  writing 
of  the  owners  of  at  least  two-thirds  of  the  frontage  of  all  of  the  lands 
not  appropriated  to  or  held  for  public  use  abutting  on  such  public 
waters  in  front  of  which  it  is  proposed  to  extend  such  boulevard  or 
driveway  for  the  making  of  such  extension  and  shall,  also,  obtain  the 
consent  of  the  supervisor  and  assessor,  corporate  autliorities  of  the  town 
or  towns  in  which  the  lands  abutting  on  such  public  waters  in  front  of 
such  proposed  extension  may  lie,  to  the  making  of  such  extension. 
The  riparian  or  other  rights  of  the  owners  of  lands  on  the  shore  adjoin- 
ing the  waters  in  which  it  is  proposed  to  construct  such  extensioi],  the 
said  board  of  park  commissioners  may  acquire,  by  contract  with  or 
deeds  from  any  such  owner ; and  in  case  of  inability  to  agree  with  any 
such  owner,  proceedings  may  be  had  to  condemn  such  rights  according 
to  the  provisions  of  article  nine  of  an  act  entitled,  “an  act  to  provide 
for  the  incorporation  of  cities  and  villages,”  approved  April  10,  1872, 
and  the  amendments  thereof. 

889d.  Construction  — submerged  lands  — title  to  and  convey- 
ance of.]  § 3.  Upon  complying  with  section  two  of  this  act,  said  board 
shall  have  power  to  contract  in  writing  with  any  person  or  persons  for 


386 


Streets. 


the  coristruction  of  .such  extension  of  such  boulevard  or  driveway,  ac- 
cording to  such  plan  and  under  the  supervision  of  said  board,  and,  in 
all  cases  where  any  boulevard  or  driveway  is  extended  under  the  pro- 
visions hereof,  the  submerged  lands  lying  between  tiie  shore  of  such 
j)ublic  water  and  the  inner  line  of  the  extension  of  such  boulevard  or 
driveway  shall  be  appropriated  by  the  board  of  park  cornmi.ssioners  to 
the  purpose  of  defraying  the  cost  of  such  extension  and  to  that  end  such 
boai'd  of  park  commissioners  are  authorized  to  sell  and  convey  such 
submerged  lands  in  fee  simple  by  deeds  duly  executed  on  its  behalf  by 
its  president  and  under  its  corporate  seal,  and  every  deed  executed  in 
pursuance  hereof  shall  vest  a good  title  in  the  grantee  to  the  premises 
intended  to  be  conveyed  thereby. 

8890.  Constructed,  a part  of  park; title  vested.]  § 4.  Upon 
the  comjdetion  of  any  such  extension  of  such  boulevard  or  driveway,  the 
title  thereto,  and  to  the  bed  thereof,  shall  be  vested  in  such  board  of 
park  commissioners,  for  the  purpose  of  a boulevard  or  driveway,  and 
shall  become  a part  of  the  public  park  or  parks  under  the  control  of 
such  board  and  shall,  tlienceforth,  be  maintained  and  controlled  by  such 
board  in  the  manner  provided  by  law  for  the  government  and  mainten- 
ance of  other  boulevards  and  driveways  under  its  control. 

88pf.  Street  extensions,  stop  at  way.]  § 5.  In  case  any  public 
streets  shall  extend  to  the  shore  line  of  said  public  waters  in  front 
of  which  extension  of  such  boulevard  or  driveway  shall  be  constructed 
under  this  act,  and  such  streets,  if  extended,  would  cross  such  extension, 
such  .streets  (unless  the  municipality  in  control  thereof  shall  otherwise 
direct)  shall  extend  to  the  inside  line  of  sucli  extension  of  said  boule- 
vard or  driveway.  Nothing  in  this  act  shall  be  construed  to  repeal 
section  twenty  of  an  act  entitled  “an  act  in  regard  to  the  completion  of 
public  parks  and  the  management  thereof,”  approved  June  16,  1871, 
and  amendments  thereto  heretofore  made,  or  which  may  be  hereafter 
made,  unless  expressly  so  declared. 

Use  by  Elevated  Kailroads. 

An  act  in  regard  to  the  use  of  streets  and  alleys  in  incorporated  cities 

and  villages  by  elevated  railroads  and  elevated  ways  and  conveyors. 

[Approved  June  18,  1883.  In  force  July  1,  1883.  L.  1883,  p.  126. 

890.  Petition  of  land  owners.]  § 1.  Be  it  enacted  hy  the  jpeople 
of  the  state  of  Illinois^  represented  in  the  general  assembly^  That,  no 
person  or  persons,  corporation  or  corporations,  shall  constimct  or  main- 
tain any  elevated  railroad  or  any  elevated  way  or  conveyor  to  be  ope- 
rated by  steam  power,  or  animal  power  or  any  other  motive  power, 
along  any  street  or  alley  in  any  incorporated  city  or  village,  except  by 
the  permission  of  the  city  council  or  board  of  trustees  of  such  city  or 
village,  granted  upon  a petition  of  the  owners  of  the  lands  represent- 
ing more  than  one-half  of  the  frontage  of  the  street  or  alley,  or  of  so 
much  thereof  as  is  sought  to  be  used  for  such  elevated  railroad  or  ele- 
vated way  or  conveyor ; and,  the  city  council,  or  board  of  trustees,  shall 


Streets. 


387 


have  no  power  to  grant  permission  to  use  any  street  or  alley,  or  part 
thereof,  for  any  of  the  purposes  aforesaid,  except  upon  such  petition 
of  land  owners  as  is  herein  provided  for. 

891.  When  street  more  than  one  mile.]  § 2.  When  the  street 
or  alley,  or  part  thereof,  sought  to  be  used  for  any  of  the  purposes 
aforesaid,  shall  be  more  than  one  mile  in  extent,  no  petition  of  land 
owners  shall  be  valid  for  the  purposes  of  this  act,  unless  the  same  shail 
be  signed  by  the  owners  of  the  land  representing  more  than  one-half 
of  the  frontage  of  each  mile  and  fractional  part  of  a mile,  of  such  street 
or  alley,  or  of  the  part  thereof  sought  to  be  used  for  any  of  the  pur- 
poses aforesaid. 

892.  Repeal.]  § 3.  All  acts  and  parts  of  acts  inconsistent  here- 
with are,  hereby,  repealed. 

Obscene  and  Immoral  Newspapers. 

An  act  to  suppress  selling,  lending,  giving  away  or  showing  to  any 
minor  child  any  paper  or  publication  principally  devoted  to  illus- 
trating or  describing  immoral  deeds.  [Approved  June  3,  1889.  In 
force  July  1,  1889.  L.  1889,  p.  111. 

893.  Prohibited  publications.]  § 1.  Be  it  enacted  hy  the  people 
of  the  state  of  Illinois^  represented  in  the  general  assembly,  That,  it 
shall  be  unlawful  for  any  person  to  sell,  lend,  give  away  or  show’,  or 
have  in  his  possession  with  intent  to  sell  or  give  away,  or  to  show  or 
advertise,  or  otherwise  offer  for  loan,  gift  or  distribution  to  any  minor 
child  any  book,  pamplilet,  magazine,  newspaper^  story  paper  or  other 
printed  paper  devoted  to  the  publication,  or  principally  made  up  of 
criminal  news,  police  reports  or  accounts  of  criminal  deeds,  or  pictures 
and  stories  of  deeds  of  bloodshed,  lust  or  crime. 

894.  Exhibition  thereof  on  streets.]  § 2.  It  shall  be  unlawful 
to  exhibit  upon  any  street  or  highway,  or  in  any  place  within  the  view, 
or  which  may  be  w’ithin  the  view  of  any  minor  child,  any  book,  maga- 
zine, new^s])aper,  pamphlet,  story  paper  or  other  paper  or  publication 
coming  wnthin  the  description  of  matters  mentioned  in  the  first  section 
of  this  act,  or  any  of  them. 

895.  Sale  thereof  by  minors.]  § 3.  It  shall  be  unlawful  to  hire, 
use  or  employ  any  minor  child  to  sell  or  give  away,  or  in  any  manner 
to  distribute,  or  who,  having  the  care,  custody  or  control  of  any  minor 
child,  to  permit  such  child  to  sell,  give  away  or  in  any  manner  to  dis- 
tribute any  book,  magazine,  pamphlet,  newspaper,  story  paper  or  pub- 
lication coming  within  the  description  of  matters  mentioned  in  the  first 
section  of  this  act,  and  any  person  violating  any  of  the  ])rovisions  of 
this  act  shall  be  guilty  of  a misdeameanor  and,  on  conviction,  shall  be 
fined  in  any  sum  not  exceeding  five  hundred  dollars,  or  imprisoned 
in  the  county  jail  of  the  county  wdiere  the  offense  has  been  committed, 
not  to  exceed  six  months,  or  both  fine  and  imprisonment,  at  the  discre- 
tion of  the  court. 


m 


Telegraph  Companies. 


34.  TELEGRAPH  COMPANIES. 


Hection.  Section. 

89(5.  Right  to  eminent  domain.  899.  Penalty  for  injuring. 

8J>T.  Erection  of  poles.  900.  Attachments  to  building. 

898.  I’oles  in  streets. 

An  act  to  revise  the  law  in  relation  to  telegraph  companies.  [Approved 

March  24,  1874.  In  force  July  1,  1874.  R.  S.,  1874,  ch.  134. 

896.  Eminent  domain.]  §2.  Every  such  company  may  enter  upon 
any  lands  for  the  purpose  of  making  surveys  and  examinations  with  a 
view  to  the  erection  of  any  telegraph  line,  and  take  and  damage  pri- 
vate property  fol  the  erection  and  maintenance  of  such  lines,  and  may, 
subject  to  the  provisions  contained  in  this  act,  construct  lines  of  tele- 
graph along  and  upon  any  railroad,  road,  highway,  street  or  alley,  along 
or  across  any  of  the  waters  or  lands  within  this  state,  and  may  erect 
poles,  posts,  piers  or  abutments  for  su])porting  the  insulators,  wires  and 
other  necessary  fixtures  of  their  lines,  in  such  manner  and  at  such 
points  as  not  to  incommode  the  public  use  of  the  railroad,  highway, 
street  or  alley,  or  interrupt  the  navigation  of  such  waters. 

S97.  Consent  necessary  to  erect  poles  etc.  on  roads,  streets 
etc.  — record  — alteration.]  §4.  No  such  company  shall  have  the 
right  to  erect  any  poles,  posts,  piers,  abutments,  wires  or  other  fixtures 
of  their  lines  along  or  upon  any  road,  highway  or  public  ground,  out- 
side of  the  corporate  limits  of  a city,  town  or  village,  without  the  con- 
sent of  the  county  board  of  the  county  in  which  such  road,  highway 
or  public  ground  is  situated,  nor  upon  any  street,  alley  or  other  high- 
way or  public  ground,  within  any  incorporated  city,  town  or  village, 
without  the  consent  of  the  corporate  authorities  of  such  city,  town  or 
village.  The  consent  herein  required  must  be  in  writing,  and  shall  be 
recorded  in  the  recorder’s  office  of  the  county.  And,  such  county  board, 
or  the  citj"  council  or  board  of  trustees  of  such  city,  town  or  village,  as 
the  case  may  be,  shall  have  power  to  direct  any  alteration  in  the  loca- 
tion or  erection  of  any  such  poles,  posts,  piers  or  abutments  and,  also, 
in  the  height  of  the  wires,  having  first  given  the  corapan}^  or  its  agent 
opportunity  to  be  heard  in  regard  to  such  alteration. 

898.  Poles  in  streets.]  § 2.  For  the  purpose  of  constructing  and 
maintaining  such  lines  of  telegraph  or  telephone,  the  parties  in  interest 
may  set  the  necessary  poles  or  posts,  on  which  to  place  the  wires  and 
insulators  of  such  lines,  in  any  of  the  public  streets,  highways  or  alleys, 
or  in  any  private  road  leading  to  such  highways,  streets  or  alleys,  out- 
side of  the  incorporated  cities,  villages  or  towns  in  this  state  along 
which  such  lines  may  pass : Provided,  such  poles  or  posts  shall  be 
]'>laced  along  the  boundaries  of  such  highways,  streets  or  alleys,  at  such 
distances  therefrom  as  the  authorities,  having  control  thereof,  may  di- 
rect: And,  provided,  further,  that  the  wires  necessary  for  such  lines 
shall  not  be  less  than  fifteen  feet  above  the  ground  along  such  bounda- 
ries, and  not  less  than  twenty  feet  at  any  public  or  private  crossing,  and 
shall  be  so  placed  as  not,  in  any  manner,  to  interfere  with  such  crossing. 


Township  Organization. 


389 


899.  Penalty  for  injuring.]  § 3.  Any  person  who  shall  unlawfully 
and  intentionally  injure,  molest  or  destroy  any  of  said  lines  or  the  ma- 
terial or  property  belonging  thereto,  or  shall  in  any  manner  interfere 
with  the  proper  working  of  such  lines,  shall,  on  conviction  thereof,  be 
deemed  guilty  of  a misdemeanor  and  punished  by  a fine  not  exceeding 
one  hundred  dollars  : said  fine  to  be  recoverable  in  any  court  having 
jurisdiction  of  the  same : Provided,  that  prosecution  under  the  forego- 
ing provision  of  this  section  shall  not,  in  any  manner,  prevent  a recov- 
ery, by  the  person  or  persons  entitled  thereto,  of  the  amount  of  dam- 
ages done  to  such  lines. 

An  act  relating  to  telegraph,  telephone,  electric  light  and  other  wires, 
poles  and  cables.  [Approved  June  16,  1887.  In  force  July  1,  1887. 
L.  1887,  p.  298. 

900.  Attachments  to  building  — no  prescriptive  right.]  § 1. 

Be  it  enacted  hy  the  jpeojyle  of  the  state  of  Illinois^  represented  in  the 
general  assembly^  Whenever  any  wire,  pole  or  cable  used  for  any  tele- 
graph, telephone,  electric  light  or  other  electric  purpose,  or  for  the  pur- 
pose of  communication,  is  or  shall  be  attached  to,  or  does  or  shall  ex- 
tend upon  or  over  any  building  or  land,  no  lapse  of  time  whatever 
shall  raise  a presumption  of  any  grant  of,  or  justify  a prescriptive  right 
to,  such  attachment  or  extension. 

35.  TOWNSHIP  OKGANIZATION. 

Section.  , Section. 

901.  Territory  of  city  organized  as  town.  905.  What  city  council  may  provide. 

902.  Town  in  city.  ' 906.  Regulation  of  number  of  justices. 

903.  Election  of  officers.  907.  Vacancies  in  office. 

904.  Powers  of  council. 

An  act  to  authorize  county  boards  in  counties  under  township  organi- 
zation to  organize  certain  territory  situated  therein  as  a town.  [Ap- 
proved May  23,  1877.  In  force  July  1,  1877.  L.,  1877,  p.  212. 

901.  Territory  of  city  organized  as  town.]  § 1.  Be  it  enacted 
by  the  people  of  the  state  of  Illinois^  represented  in  the  general  assembly^ 
That,  the  county  board,  in  any  county  under  township  organization, 
may  provide  that  the  territory  embraced  within  any  city  in  such  county 
shall  be  organized  as  a town  : Provided,  such  territory  shall  have  a 
population  of  not  less  than  three  thousand.  And,  provided,  the  city 
council  in  such  city  shall,  by  resolution,  request  such  action  by  the 
county  board. 

902.  Town  in  city.]  § 2.  The  territory  of  any  city  now  organized, 
wdthin  the  limits  of  any  county  under  township  organization,  and  not 
situated  wdthin  any  town,  shall  be  deemed  to  be  a town. 

903.  Election  of  officers.]  § 3.  All  town  officers  within  any  town, 
organized  as  aforesaid,  shall  be  elected  at  the  annual  charter  election  of 
such  city.  All  general  elections  held  in  such  city  and  town  shall  be 
held  at  the  same  voting  places  as  the  city  elections,  with  judges  and 
clerks  appointed  in  like  manner  as  for  the  city  elections. 


m 


Water  Works. 


904.  Powers  exercised  by  council.]  § 4.  The  powers  vested  in 
such  town  shall  be  exercised  by  the  city  council. 

905.  What  city  council  may  provide.  ] .5.  The  city  council  in 

such  city  and  town  may,  by  ordinance,  pro,vide  that  the  offices  of  city 
and  town  clerk  shall  be  united  in  the  same  person  ; that  the  election  of 
highway  commissioners  shall  be  discontinued  ; that  the  offices  of  super- 
visor and  poormaster  shall  be  separated,  and  the  poormaster  appointed 
by  the  city  council. 

906.  May  regulate  the  number  of  justices.]  § 6.  The  city 
council  in  such  city  and  town  may,  from  time  to  time,  regulate  the 
number  of  justices  of  the  peace,  police  magistrates  and  constables  to  be 
elected  within  such  city  and  town  ; but,  the  number  elected  to  either 
of  such  offices  shall  not  exceed  the  number  allowed  by  law  to  other 
towns  of  like  population. 

907.  Vacancies  in  office.]  § 7.  Vacancies  in  any  of  the  town  offices 
within  such  city  and  town  may  be  filled  by  the  city  council. 


36.  WATEE  WORKS. 


Section. 

908.  Power  to  supply  water — letting  con- 

tract. 

909.  Borrowed  money  — tax. 

910.  Acquisition  of  property  for  works 

etc. 

911.  Rules  — tax  — assessment  — lien. 

912.  Special  assessment. 

918.  Separate  fund. 

914.  When  act  not  to  apply. 

914a.  Purchase  or  leasing  of  water  works 
— election. 

914b.  Borrow  money  — tax,  levy  and  col- 
lect. 


Section. 

915.  Bonds  — assessments  payable  in  in- 

stalments. 

916.  When  instalments  payable — interest. 

917.  Statute  applies  to  assessments  al- 

ready ordt  red. 

918.  Power  to  contract  for  water. 

919.  Tax  therefor. 

920.  Grant  of  power  to  secure  supply. 

921.  Powers  of  board — power  to  raise 

money. 

921a.  Rates  and  charges  for  supply  — fix- 
ing of. 

922.  Water  fund  and  light  tax. 


An  act  authorizing  cities,  incorporated  towns  and  villages  to  construct 

and  maintain  water  works.  [Approved  and  in  force  April  15,  1873. 

E.  S.,  1874,  ch.  24. 

1.  The  statute,  of  1873,  authorizing  cities,  incorporated  towns  and  villages  to  main- 
tain water  works,  applies  to  all  cities  etc.  in  which,  at  the  passage  of  the  act,  there 
were  not  water  works  managed  and  controlled  by  the  city  etc.;  Dutton  ®.  Aurora,  114 
111.,  142. 

908.  Power  to  supply  water  — letting  contract.]  § 1.  Be  it 

enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the  general 
assembly,  That,  all  cities,  incorporated  towns  and  villages,  in  this  state, 
be  and  are  hereby  authorized  and  shall  have  power  to  provide  for  a 
supply  of  water  for  the  purposes  of  fire  protection  and  for  the  use  of 
the  inhabitants  of  such  cities,  incorporated  towns  or  villages  by  tlie 
erection,  construction  and  maintaining  of  a system  of  water  works  or 
by  uniting,  with  any  adjacent  city,  incorporated  town  or  village,  in  the 
erection,  construction  and  maintaining  of  a system  of  water  works  for 
'the  joint  use  of  such  cities,  incorporated  towns  or  villages,  or  by  pro- 


Water  Works. 


391 


curing  such  supply  of  water  from  any  adjacent  city,  incorporated  town 
or  village  already  having  water  wmrks : Provided,  that  all  contracts  for 
the  erection  or  construction  of  such  works,  or  any  part  thereof,  shall 
be  let  to  the  lowest  responsible  bidder  therefor,  upon  not  less  than 
three  (3)  weeks’  public  notice  of  the  terms  and  conditions  upon  which 
the  contract  is  to  be  let  having  been  given  by  publication  in  a news- 
paper published  in  such  city,  town  or  village  or,  if  no  newspaper  is 
published  therein,  then,  in  some  newspaper  published  in  the  county; 
And,  provided,  further,  that  no  member  of  the  city  council  or  board  of 
trustees  or  mayor  shall  be  directly  or  indirectly  interested  in  any  such 
contract  and  in  all  cases  the  council  or  board  of  trustees,  as  the  case 
may  be,  shall  have  the  right  to  reject  any  and  all  bids  that  may  not  be 
satisfactory  to  them.  [As  amended  by  act  approved  and  in  force  May 
14,  1879.  L.  1879,  p.  64. 

1.  This  section  leaves  the  municipal  authorities  unrestricted  as  to  the  cost  or 
means  whereby  a supply  of  water  shall  be  provided  and  authorizes  the  borrowing  of 
money  needed  therefor;  to  that  extent  repealing  charter  limitations  in  respect  of 
loans;  Dutton  v.  Aurora,  114  111.,  142. 

909.  Borrowed  money  — tax.]  § 2.  Such  cities,  incorporated 
towns  and  villages  may  borrow  money  and  levy  and  collect  a general 
tax,  in  the  same  manner  as  other  municipal  taxes  may  be  levied  and 
collected  for  the  erection,  construction  and  maintaining  of  such  w’ater 
tvorks,  and  appropriate  money  for  the  same. 

910.  May  acquire  property  for  works  etc.]  § 3.  For  the  pur- 
pose of  erecting,  constructing,  locating,  maintaining  or  supplying  such 
water  works,  any  such  city,  incorporated  town  or  village  may  go 
beyond  its  territorial  limits,  and  may  take,  hold  and  acquire  property 
and  real  estate,  by  purchase  or  otherwise ; and  shall,  also,  have  the  power 
to  take,  hold  and  acquire  and  condemn  any  and  all  necessary  property 
and  real  estate  for  the  location,  erection,  construction  and  maintaining 
of  such  w^ater  works,  in  the  manner  provided  for  the  taking  and  con- 
demning of  private  property  for  public  use;  and  may,  also,  acquire  and 
hold  real  estate  and  other  property  and  rights  necessary  for  the  loca- 
tion, erection,  construction  and  maintenance  of  such  water  works,  by 
purchase  or  otherwise  ; and,  the  jurisdiction  of  such  city,  town  or  village 
to  prevent  or  punish  any  pollution  or  injury  to  the  stream  or  source  of 
water  for  the  supply  of  such  water  works,  shall  extend  ten  miles 
beyond  its  corporate  limits. 

91 1.  Rules  — tax  — assessment  — lien.]  §4.  The  common  coun- 
cil of  such  cities,  or  trustees  of  such  towns  or  villages,  shall  have  power 
to  make  and  enforce  all  needful  rules  and  regulations  in  the  erection, 
construction  and  management  of  such  water  works,  and  for  the  use  of 
water  supplied  by  the  same.  And,  such  cities,  towns  and  villages  shall 
have  the  right  and  power  to  tax,  assess  and  collect,  from  the  inhabitants 
thereof,  such  tax,  rent  or  rates  for  the  use  and  benefit  of  water  used  or 
supplied  to  them  by  such  water  works,  as  the  common  council  or  board 
of  trustees,  as  the  case  may  be,  shall  deem  just  and  expedient.  And,  all 


392 


Water  Works. 


such  water  taxes,  rates  or  rents  shall  be  a lien  upon  the  premises  and 
real  estate  upon  or  i'or  which  the  same  is  used  or  supplied.  And,  such 
taxes,  rents  or  rates  shall  be  ]>aid  and  collected,  and 'such  lien  enforced, 
in  such  manner  as  the  common  council  shall,  by  ordinance,  direct  and 
provide. 

912.  Special  assessment.]  § 5.  The  expense  of  locating,  erecting 
and  constructing  reservoirs  and  hydrants  for  the  purpose  of  fire  pro- 
tection, and  the  expense  of  constructing  and  laying  water  main  pipes, 
or  such  part  thereof  as  may  be  just  and  lawful,  may  be  assessed  upon 
and  collected  from  the  property  and  real  estate  specially  benefited 
thereby,  if  any,  in  such  manner  as  may  be  provided  for  the  making  of 
special  assessments  for  other  public  improvements  in  such  cities,  towns 
or  villages. 

913.  Separate  fund.]  § 6.  All  the  income  received,  by  such  cities, 
towns  or  villages,  from  such  water  works,  from  the  payment  and  col- 
lection of  water  taxes,  rents  or  rates,  shall  be  kept  in  a separate  fund 
and  shall,  first,  be  applied  in  the  payment  and  discharge  of  the  costs, 
interest  on  bonds  or  money  borrowed  and  used  in  the  erection  and  con- 
struction of  such  water  w^orks  and  running  expenses  thereof.  And,  any 
surplus  may  be  applied  in  such  manner  as  the  common  council  or  board 
of  trustees  may  direct. 

914.  When  act  not  to  apply.]  § 7.  The  provisions  of  this  act  shall 
not  apply  to  cities,  towns  or  villages  in  which  water  works  are  now 
managed  or  controlled  by  a board  of  public  works. 

An  act  to  enable  cities,  incorporated  towns  and  villages  to  purchase  or 

lease  water  works. 

914a.  Purchase  or  leasing  of  water  works  authorized  by  popu- 
lar vote.]  § 1.  Be  it  enacted  hy  the  people  of  the  state  of  Illinois,  repre- 
sented in  the  general  assembly  ; d^hat,  in  all  cities,  incorporated  towns 
and  villages  where  water  works  are  now  constructed  or  may  hereafter  be 
constructed  by  any  person  or  incorporated  company,  the  city,  town  or 
village  authorities  in  such  cities,  towns  and  villages,  may  purchase 
or  lease  such  water  works  from  the  owner  or  owners  of  the  same : 
Provided,  however,  that  before  said  leasing  or  purchase  shall  be 
binding  upon  said  city,  incorporated  town  or  village,  the  question 
of  leasing  or  purchasing  such  water  works  (with  the  yearly  rental, 
if  a leasing,  and  with  the  consideration  price,  if  a purchase)  shall  be 
submitted  to  the  voters  of  such  city,  incorporated  town  or  village  at 
a general  election  and  if  it  appear  that  a majority  of  such  voters,  voting 
upon  such  question  at  such  election,  vote  for  such  leasing  or  purchase, 
then,  the  said  city,  incorporated  town  or  village  may  conclude  such 
leasing  or  purchase ; but,  if  it  appear  that  a majority  of  such  voters, 
voting  upon  such  question  at  such  election,  vote  against  such  leasing  or 
purchase,  then,  said  city,  incorporated  town  or  village  shall  proceed  no 
further  with  such  leasing  or  purchase  for  the  term  of  ten  months  next 
ensuing. 


Water  Works. 


914b.  Borrow  money— levy  and  collect  tax.]  § 2.  Such  cities, 
incorporated  towns  and  villages  may  borrow  money  and  levy  and  collect 
a general  tax,  in  the  same  iiianiier  as  other  municipal  taxes  may  be 
levied  and  colleted,  for  the  purchase  and  maintaining  or  the  leasing  and 
maintaining  of  such  water  works  and  appropriate  money  for  the  same. 

An  act  to  provide  for  the  laying  of  water  supply  pipe  by  bonds  and 

special  assessment,  payable  in  instalments.  [Approved  and  in  force 

March  17,  1874.  K.  S.,  1874,  cli.  24. 

915.  Bonds  — assessments  payable  in  instalments.]  § 1.  Be 

it  enacted  hy  the  people  of  the  state  of  Illinois^  represented  in  the 
general  assembly^  That,  whenever  the  corporate  authorities  of  any 
city,  town  or  village  shall  provide,  by  ordinance,  for  the  laying  of 
water  supply  pipes,  to  be  paid  for  by  a special  assessment  to  be  made 
under  the  provisions  of  article  nine  of  the  act  of  the  general  assembly, 
entitled  “ An  act  to  provide  for  the  incorporation  of  cities  and  villages’’, 
approved  April  10,  A.  D.  1872,  such  corporate  authorities  may,  in  their 
discretion,  provide  in  such  ordinance,  or  by  an  ordinance  to  be  adopted 
at  any  time  prior  to  the  issuance  of  the  warrant  to  the  collector  for  the 
collection  of  such  assessment,  that  the  amount  of  the  estimated  cost  of 
such  improvement  shall  be  provided  for  in  the  following  manner,  to  wit : 
That,  bonds  of  the  city,  town  or  village,  as  the  case  may  be,  shall  be 
issued  for  such  portion  of  the  estimated  cost  of  such  improvement  as 
shall  be  apportioned  to  the  city,  town  or  village  as  public  benefit,  pay- 
able at  such  time  or  times,  within  twenty  years,  as  may  be  provided  by 
said  ordinance,  or  it  may,  in  such  ordinance,  be  provided  that  all  or  any 
portion  of  the  amount,  so  apportioned  as  public  benefits,  may  be  made 
by  general  taxation  in  accordance  with  the  provisions  contained  in  said 
article  nine,  and  that  the  portion  of  said  estimated  cost  which  shall  be 
assessed  upon  property  specially  benefited  shall  be  payable  in  such 
annual  instalments,  not  exceeding  ten  in  number,  as  may  in  such 
ordinance  be  prescribed : Provided,  that  no  thing  in  this  section  shall 
authorize  any  city,  town  or  village  to  issue  such  bonds  to  an  amount, 
including  all  existing  indebtedness,  in  excess  of  the  charter,  statutory 
or  constitutional  limitation  of  the  indebtedness  of  such  city,  town  or 
village. 

916.  When  instalments  payable  — interest.]  § 2.  Whenever 
such  corporate  authorities  shall  have  provided,  by  ordinance,  for  the 
making  of  such  improvement  in  the  manner  prescribed  in  section  1 of 
this  act,  the  first  instalment  of  the  amount  assessed  upon  property  spe- 
cially benefited  shall  be  payable  immediately  upon  the  issuance,  by  the 
clerk  of  such  city,  town  or  village,  of  his  warrant  to  the  collector,  and 
the  subsequent  instalments  shall  be  payable  annually  thereafter,  with 
interest  until  paid,  at  such  rate  as  shall  be  prescribed  in  such  ordinance, 
not  exceeding  ten  per  cent,  per  annum. 


Water  Works. 


;i!»l 

917.  Applies  to  assessments  already  ordered.]  § 3.  This  act 
shall  apply  to  assessments  already  ordered,  for  the  purpose  set  forth  in 
section  1 of  this  act  and  to  the  ordinances  in  relation  thereto,  as  well 
as  to  ordinances  hereafter  to  he  adopted. 

An  act  to  enable  cities,  incorporated  towns  and  villages  to  contract  for 
a 8U})])ly  of  water  for  public  use,  and  to  levy  and  collect  a tax  to  pay 
for  water  so  su])plied.  [Approved  April  9,  1872.  In  force  July  1, 
1872.  L.  1871-2,  p.  271 ; as  amended  by  act  approved  June  30,  1885. 
In  toi'ce  July  1,  1885.  L.  1885,  p.  64. 

918.  Power  to  contract  for  water.]  § 1.  Be  it  enacted  hy  the 
peojyle  of  the  state  of  Illinois^  represented  in  the  general  assembly^ 
That  in  all  cities,  incorporated  towns  and  villages  where  water  works 
may  hereafter  be  constructed  by  any  person  or  incorporated  company, 
the  city,  town  or  village  authorities  in  such  cities,  incorporated  towns 
and  villages  may  contract  with  such  person  or  incorporated  companv 
for  a supply  of  water  for  public  use  for  a period  not  exceeding  thirty 
years. 

919.  Tax.]  § 2.  x\ny  such  city  or  village  so  contracting  may  levy 
and  collect  a tax  on  all  taxable  property  within  such  city  or  village  to 
pay  for  the  water  so  supplied. 

An  act  to  aid  cities  owning  or  operating  water  works  to  secure  an  ad- 
ditional or  better  supply  of  pure  water.  [Approved  and  in  force 
May  27,  1881.  L.  1881,  p.  157. 

920.  Grant  of  power  to  secure  supply.]  § 1.  Be  it  enacted  hy 
the  peojyle  of  the  state  of  Illinois^  represented  in  the  general  assembly^ 
That,  all  cities  owning  or  operating  water  works  under  any  charter 
granted  by  act  of  any  general  assembly  of  this  state,  or  under  the  gene- 
ral incorporation  laws  of  this  state,  whether  by  boards  of  water  com- 
missioners or  by  officers  ajjpointed  for  that  purpose,  are  hereby  granted 
the  following  powers  and  privileges,  for  the  purpose  of  increasing  or 
bettering  the  source  of  supply  from  which  sucli  water  is  obtained. 

921.  Powers  of  board  — may  raise  money  — vote.]  §2.  When- 
ever, in  the  judgment  of  a majority  of  any  board  of  water  commissioners 
or,  if  there  be  no  such  board  then,  in  the  judgment  of  a majority  of  the 
city  council  of  any  city  owning  or  operating  such  water  works,  it  shall 
be  necessary  for  the  public  health,  or  for  any  other  cause,  to  increase 
the  source  of  water  supply,  or  to  substitute  for  it  such  better  source  as 
in  their  judgment  the  interests  of  such  city  may  demand,  such  board 
of  water  commissioners  or  city  council  may,  in  addition  to  the  powers 
already  conferred  upon  them  by  act  of  any  general  assembly  of  this 
state,  construct  wells  either  by  boring  or  excavation  and  protect  and 
equip  the  same  after  construction,  or  may  lease  water  privileges  from 
private  parties  or  corporations  owning  wells  already  or  hereafter  to  be 
constructed,  and  may  pay  for  such  construction  or  lease  and  for  the  ex- 
penses maintained  in  operating  the  same  out  of  any  earnings  of  such 
water  works,  under  their  control  which  may  be  in  their  hands  at  the 
time  of  the  taking  effect  of  this  act,  or  whicli  may  accrue  to  them  here- 


Water  Works. 


after:  Provided,  that  no  money  sliall  be  expended  under  tlie  provisions 
of  this  act  for  the  purposes  herein  specified  until  the  question  of  the 
expenditure  of  such  money  for  the  purposes  aforesaid  shall  liave  been 
submitted  to  a vote  of  the  people  of  the  city  in  which  such  water  works 
may  be  situated,  at  any  election  for  city  officers  or  special  election  called 
for  that  purpose  by  the  city  council  of  said  city,  and  shall  have  received 
a majority  of  the  votes  cast  at  such  election ; Provided,  further,  that 
no  money  shall  be  expended  under  the  provisions  of  this  act  for  the 
purpose  aforesaid  other  than  the  surplus  carninirs  of  such  waterworks. 
An  act  to  enable  cities,  towns  and  villages  incorporated  under  any  gen- 
eral or  special  law  of  this  state,  to  fix  the  rates  and  charges  for  the 
supply  of  water  furnished  by  any  individual,  company  or  corpora- 
tion to  any  such  city,  town  or  village,  and  the  inhabitants  thereof. 
[Approved  June  6,  1891.  L.,  1891,  p.  85. 

921a.  Rates  and  charges  for  supply  — establishing  of — ap- 
peal.] § 1.  Be  it  enacted  hij  the  ]^eople  of  the  state  of  Illinois^  represented 
in  the  general  assembly:  That  the  corporate  authorities  of  any  city, 

town  or  village,  now  or  hereafter  incorporated  under  any  general  or 
special  law  of  this  state,  in  which  ariy  individual,  company  or  corpora- 
tion has  been  or  hereafter  may  be  authorized  by  such  city,  town  or  vil- 
lage, to  supply  water  to  such  city,  town  or  village,  and  the  inhabitants 
thereof  be  and  are  hereby  empowered  to  prescribe,  by  ordinance,  maxi- 
mum rates  and  charges  for  the  supply  of  water  furnished  by  such  indi- 
vidual, company  or  corporation  to  such  city,  town  or  village,  and  the 
inhabitants  thereof,  such  rates  and  charges  to  be  just  and  reasonable; 
and,  in  case  the  corporate  authorities  of  any  such  city,  town  or  village, 
shall  fix  unjust  and  unreasonable  rates  and  charges,  the  same  may  be 
reviewed  and  determined  by  the  circuit  court  of  the  county  in  which 
such  ci:y  town  or  village  may  be. 

An  act  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and 
water  works  in  cities  of  this  state  that  may  have  established  a system 
of  sewerage  and  water  works  for  such  city,  and  to  repeal  an  act 
therein  named,  and  to  authorize  the  cities,  villages  and  incorporated 
towns  of  this  state  to  levy  and  collect  taxes  to  pay  for  water  and 
light.  [Approved  June  21,  1883.  In  force  July  1,  1888.  L.  1883, 

p.  68. 

922.  Water  fund  and  light  tax.]  § 2.  The  legislative  authority 
of  any  city  which  now  has,  or  which  may  hereafter  have  established  or 
hired  water  works,  for  the  supply  of  water  to  the  inhabitants  thereof, 
shall  have  power  to  annually  levy  and  collect  a tax  upon  the  taxable 
real  and  personal  estate  of  any  such  city,  wliether  organized  under  a 
special  charter  or  the  general  law,  not  to  exceed  one  mill  on  the  dollar, 
for  the  extension  of  water  mains  or  pipes  therein  and  the  maintenance 
of  such  water  works,  or  to  the  creation  of  a sinking  fund  to  be  applied 
to  the  establishment  of  waterworks,  which  tax  shall  be  known  as  the 
‘‘Water  Fund  Tax”,  and  shall  be  levied  and  collected  in  the  same 
manner  that  other  general  taxes  of  any  such  city  are  levied  and  collected : 


390 


Water  Works. 


Pi’ovided,  tliat  the  board  of  public  works  of  sucli  citv,  if  any,  or  the 
liead  of  the  Avater  dc])artment  of  such  city,  shab  first  certify  to  such 
legislative  authority,  the  amount  that  will  be  necessary  for  such  juir- 
poses  and  shall,  further,  certify  that  the  revenue  or  income  from  such 
Avater  Avorks  will  be  insufficient  therefor  ; Provided,  further,  that  two- 
thirds  majority  of  all  the  members  elect  of  the  legislative  authority  of 
such  city  may  le\^y  a tax  for  such  purposes,  not  to  exceed  three  mills 
on  each  dollar  of  the  taxable  property  of  such  city.  And,  provided, 
further,  that  the  legislative  authority  of  each  of  the  cities,  villages  and 
incorporated  towns  in  this  state,  widi  the  concurrence  of  tAvo-thirds  of 
the  members  thereof,  shall  be  authorized  to  leA^y  and  collect  annually, 
upon  the  taxable  property  within  its  limits,  in  addition  to  all  other  taxes 
now  authorized  by  law,  a tax  of  not  exceeding  three  mills  on  the  dollar 
of  such  taxable  property,  to  be  used  exclusively  for  the  purpose  of 
lighting  streets,  and  a further  tax  not  exceeding  tA\m  mills  on  the  dollar 
of  such  taxable  property,  to  be  used  exclusively  for  the  purpose  of  sup- 
plying water  to  such  city,  village  or  incorporated  town.  Provided,  also, 
that  no  thing  in  this  act  shall  be  so  construed  as  to  increase  the  amount 
of  aggregate  taxes  that  may  be  levied  in  any  one  year  by  any  city  or 
village  as  provided  in  section  one  (1)  of  article  V III  of  an  act  entitled 
“An  act  to  provide  for  the  incorporation  of  cities  and  villages”,  approved 
April  10,  1872. 

1.  Cities  acting  under  special  charters  may  levy  a tax  for  a water  fund  (stat.  1883) 
in  addition  to  all  other  authorized  taxes;  Thatcher  v.  C.  & N.  W.  Ey.  Co.,  120  111.,  561. 


FORMS  AND  PRECEDENTS, 


1.  Organization  of  cities. 

2.  Legislative  department. 

3.  Elections. 

4.  Enforcement  of  penalties  — licenses. 


5.  Officers. 

6.  Finance. 

7.  Special  assessments  and  taxation. 

8.  Organization  of  villages. 


1.  ORGANIZATION  OF  CITIES. 


923.  Petition  to  submit  the  question  of 

incorporation. 

924.  Ordinance  submitting  that  question. 

925.  Notice  of  election. 

926.  Election  judges’ return  of  votes. 

927.  Record  entry  of  result  of  canvass. 

928.  Petition  to  organize  contiguous  terri- 

tory. 

929.  Notice  of  election,  as  to  incorporation 

of  contiguous  territory. 

930.  Record  entry,  of  county  court,  as  to 


result  of  election  to  organize  con- 
tiguous territory. 

931.  Record  entry  of  call  for  and  notice  of 

election  of  officers. 

932.  Notice  of  election  of  officers  in  town, 

or  village,  organized  as  a city. 

933.  Record  of  proceedings,  of  city  or 

village,  on  incorporation;  to  be  re- 
corded and  filed  with  secretary  of 
state. 


923.  Petition  to  submit  the  question  as  to  incorporation  under 
the  act  of  1872.] 

To  the  honorable  the  mayor  and  city  council  of  the  city  of  , in 
the  county  of and  state  of  Illinois  : 

The  undersigned,  comprising  one-eighth  of  the  legal  voters  of  the 
city  of aforesaid,  in  the  county  of  and  state  of  Illinois,  vot- 

ing at  the  last  preceding  municipal  election,  do  respectfully  petition 
that  your  honorable  body  submit  the  question,  as  to  whether  such  city 
shall  become  incorporated  under  the  act  of  the  general  assembly  of  the 
state  of  Illinois,  approved  April  10,  1872,  entitled  “ An  act  to  provide 
for  the  incorporation  of  cities  and  villages”,  and  the  amendments 
thereto,  to  a vote  of  the  electors  in  such  city,  in  accordance  with  the 
provisions  of  said  act. 

1.  See  § 1. 

2.  Reorganization  of  a city  under  the  general  incorporation  law  abrogates  its  former 
charter,  and  ends  the  tenure  of  all  officers  who  are  not  within  the  saving  clause  of 
the  general  law;  Crook  Jayne,  106  111.,  242;  People  t).  Brown,  83  111.  95;  M’Crath 
V.  Chicago,  24  App.,  19. 

3.  A city  adopting  the  provisions  of  this  statute  is  governed  by  any  amendment 
thereof;  Guild -w.  Chicago,  82  111.,  472. 

4.  When  a proper  petition  is  presented  to  the  council  of  a village,  incorporated 
under  a special  charter,  praying  for  an  election,  the  council  has  no  discretion  to  re- 
fuse to  call  an  election;  but  should  act  thereon  at  the  earliest  possible  moment; 
Glencoe  v.  People,  78  111.,  382. 


Foinis  AND  I'lUX'EDENTS. 


.S'JS 


5.  Tlio  ronditions  of  a call  for  an  election  nmst  be  shown  to  have  been  complied 
with;  Peoj)le  1).  ('haprnan,  (iO  111.,  Ki7. 

().  Tin;  mayor  and  council,  only,  can  fix  the  time  and  ])lace  for  such  election,  and 
it  is  essential  to  tin;  validity  of  an  election  that  it  be  held  at  the  time  and  place  pro- 
vided by  law;  Ste])hens -y.  People,  89  111.,  888. 

7.  An  election  to  determine  the  question  of  incorporation  is  not  invalid  because  of 
the  failure  to  submit,  at  the  same  time,  the  (juestionof  minority  representation.  The 
statute  itself  j)rovides  for  that  [see  ^ 50];  Chicago  v.  People,  80  111.,  500. 

924.  An  ordinance  submitting  the  question  of  incorporation 
under  the  general  law,  to  the  vote  of  the  electors.] 

AVhereas,  tlie  petition  of  A.  B.,  C.  D.,  E.  F.  and  [here  state  the 
nnmhej'^  otliers,  to  the  mayor  and  city  council  is  tliis  day  [or  was. on  a 
day  stated.,  hy  date  thereof  \ presented,  praying  that  the  question,  as  to 

wliether  the  city  of shall  become  incorporated  under  the  act  of  the 

general  assenddy  of  tlie  state  of  Illinois,  approved  April  10,  1872,  en- 
titled “ An  act  to  provide  for  the  incorporation  of  cities  and  villages”, 
and  the  amendments  thereto,  to  a vote  of  the  electors  in  such  city,  in 
accordance  with  the  provisions  of  said  act ; and 

Whereas,  it  appears  that  the  said  petitioners  are  legal  voters  of  the 

city  of , and  that  they  comprise  one-eighth  of  the  legal  voters  of 

such  city,  voting  at  tlie  last  preceding  municipal  election. 

Therefore: 

Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  That  the  prayer  of  the  petition,  aforesaid,  is  granted.  It 
is,  hereby,  ordered  that  such  question  be  submitted  accordingly,  and  that 
for  that  purpose,  an  election  be  held  in  the  several  wards  and  precincts, 

in  said  city  on day,  the  — day  of , 18  — , at  the  several  places 

of  holding  the  last  preceding  mnnici]ial  election  therein  [or  at  ^places  to 
he  designated]  ; and  that  the  following  persons  are  designated  to  act  as 
judges  at  such  election  [here  name  such  persons]. 


925.  Notice  of  election.] 

Election  Notice,  for  Incorporation  Under  General  Law. 

Public  notice  is,  hereby,  given  that,  in  accordance  with  a petition,  for 
that  purpose,  presented  by  the  requisite  number  of  legal  voters,  an  elec- 
tion will  be  held  in  the  several  wards  and  precincts  of  the  city  of , 

in  the  state  of  Illinois,  on  — day,  the — day  of , 18 — , at  which  a 

vote  of  the  electors  will  be  taken  on  the  question,  as  to  whether  such 
city  shall  become  incorporated  under  the  act  of  the  general  assembly  of 
the  state  of  Illinois,  approved  April  10, 1872,  entitled  “ An  act  to  provide 
for  the  incorporation  of  cities  and  villages  ”,  and  the  amendments  thereto. 

The  several  places  of  holding  said  election  have  been  appointed  at  and 
will  be  held  at  the  following  places,  to-wit : 

In  the  first  ward  at  [state  the  place  or  places  where]. 

In  the  second  ward  at  [stating  the  place  or  places  lohere]. 

[Set  forth  the  place  or  places  designated  hy  the  city  council  as  to  each 

^^Attest;  C.  D„  City  Clerk. 


Organization^  op  Cities. 


:m 


1.  Sec  §2. 

2.  A failure  to  state  in  the  notice  where  the  election  will  be  held,  the  places  for 
holding  the  election  being,  in  fact,  appointed  will  not  invalidate  the  election;  Chicago 
V.  People,  80  111.,  oOO. 

3.  A petition,  in  due  form,  having  been  presented  to  the  mayor  and  city  council,  was 
refused.  Thereupon  the  mayor  gave  notice  of  an  election,  to  vote  on  the  question  of 
incorporation  under  the  general  law,  fixing  the  time  therefor.  An  election  was  held, 
resulting  in  favor  of  organization  under  the  law.  The  returns  were  duly  canvassed 
and  the  result  duly  recorded.  City  officers  were  elected  on  contest  of  their  election  — 
by  quo  warranto  — it  was  held  that  such  election  was  void,  it  not  being  called  by 
“ the  mayor  and  council”;  that  the  mayor  was  without  power  to  appoint  it,  in  the 
absence  of  affirmative  action  by  the  council.  The  mayor  and  council,  only,  can  fix 
the  time  and  place  for  such  an  election.  Nor  was  the  error  cured  by  subsequent 
acquiescence  of  the  council;  Stephens  v.  People,  89  111.,  338. 

926.  Election  judges’ return  of  votes.] 


At  an  election  held  at  [state  the  place ^ ward  and  precinct\  in 

the  county  of and  state  of  Illinois,  on  the  — day  of  , 18 — , 

to  decide  whether  the  city  of shall  become  incorporated  under 

an  act  entitled  An  act  to  provide  for  the  incorporation  of  cities  and 
villages”,  approved  April  10,  1872,  and  the  amendments  thereto,  the 
following  number  of  votes  were  cast,  for  and  against  said  proposition, 
to- wit : 

There  were  cast  ^‘for  city  organization  under  general  law”, 

votes. 

There  were  cast  “ against  city  organization  under  general  law  ”, 

votes. 


Certified  by  ns, 

G.  H.  ) 

I.  J.  V Judges  of  Election. 
Attest : K.  L.  ) 

Q*  p'  I Clerks  of  Election. 

1.  See  § 3. 

2.  A certificate  of  judges  of  election,  with  the  list  of  votes  and  tally  sheet,  is  the 
sole  evidence  on  which  the  canvassing  board  can  act;  Lawrence  Co.  v.  Schmaulhausen 
123  111.,  328. 

3.  Gross  irregularities  of  election  judges,  in  conducting  the  election,  may  be  cause 
for  the  rejection  of  the  return  from  the  ward  in  which  they  were  committed;  they 
can  not  render  an  election,  in  a whole  city,  void;  Chicago  v.  People,  80  111.,  500. 


927.  Entry,  on  city  record,  of  result  of  canvass  of  votes.] 

State  of  Illinois,  | 

City  of  , ) 

Be  it  known  that  one-eighth  of  the  legal  voters  of  the  city  of , vot- 

ing at  the  last  preceding  municipal  election,  having  on  the  — day  of 

, 18 — , petitioned  the  mayor  and  council  thereof  to  submit  the 

question  as  to  whether  such  city  should  become  incorporated  under  the 
act  of  the  general  assembly,  aj)proved  Apiil  10,  1872,  entitled  An  act 
to  provide  for  the  incorporation  of  cities  and  villages  ” and  the  amend- 
ments thereto,  to  a vote  of  the  electors  of  said  city  ; and  said  question 
48 


400 


Kojims  and  Precedents. 


liaving  been  duly  submitted  to  a vote  tliereof,  on  tlie  — day  of , 

IS — , and  said  vote  being  taken  at  the  election,  for  that  purpose,  duly 
lield  in  said  city,  last  aforesaid,  and  the  returns  l)eing  duly  made  and 
canvassed,  the  following  is  the  result  thereof  ; for  city  organization  under 

general  law, votes  were  cast;  against  city  organization  under  gen- 

ei-al  law, votes  were  cast,  'f’here  being  a majority  of votes 

cast,  at  such  election,  in  favor  of  [or  against\  city  organization  under 
general  law. 

1.  See 

928.  Petition  to  organi2e  contiguous  territory,  as  a city.] 

To  the  County  Judge  of county.  State  of  Illinois : 

The  undersigned  petitioners,  constituting  fifty  legal  voters  residing 
within  the  following  described  contiguous  territory,  situated  in  said 
county  [or  situated  as  to  the  greater  part  of  such  territory  in  said 
county]^  in  area  not  exceeding  four  square  miles,  and  which  has  resi- 
dent thereon,  a population  of  not  less  than  one  thousand  inhabitants  and 
which  is  not  already  included  within  any  incorporated  town  or  city, 
to -wit:  [Here  describe  the  territory  with  accuracy^  hy  government 

subdivisions]  represent  and  make  it  known  unto  your  honor,  that  it 
is  desired  that  said  territory  may  become  incorporated  as  a city,  and 
that  the  following  are  defined  as  the  boundaries  of  such  proposed  city 
[state  the  boundaries  by  accurate  description];  that  the  number  of 
inhabitants  residing  within  such  limits  is  [here  state  the  number^  not 
less  than  one  thousand'],  and  that  the  name  of  such  proposed  city  is 

Your  petitioners,  therefore,  pray  that  the  question  be  submitted  to 
the  legal  voters,  residing  within  such  limits,  herein  before  described, 
whether  they  will  organize  as  a city,  under  an  act  of  the  general  as- 
sembly, approved  April  10,  1872,  entitled  “An  act  to  provide  for  the 
incorporation  of  cities  and  villages  ” and  the  several  amendments  thereto. 

And  your  petitioners  will  ever  pray  etc. 

[Signatures  of  fifty  legal  votersd[ 

1.  See  § 5. 

2.  See  § 204,  as  to  enumeration  of  population. 

929.  Notice  of  election,  as  to  incorporation  of  contiguous 
territory.]  Public  notice  is  hereby  given  that  a petition  having 

been  filed  in  the  office  of  the  clerk  of  the  county  court  of  

county,  in  the  state  of  Illinois,  addressed  to  the  judge  of  such  court, 
on  the day  of  , 18 — , signed  by  fifty  legal  voters  of  contigu- 

ous territory  lying  in  said  county,  [or,  the  greater  g>ctrt  of  which  tei'- 
ritory  is  situated  ivithin  said  county^  described  as  follows,  to- wit: 
[Set  forth  the  description  as  contained  in  the  petitiori\,  setting  forth 
in  said  petition,  that  said  territory  is  not  already  included  within  any 
incorporated  town  or  city,  and  that  it  is  desired  that  the  same  may  be- 
come incorporated  as  a city,  with  the  following  boundaries,  to-wit: 
[Describe  the  boundaries,  as  in  the  petition],  that  the  number  of  in- 


Organization  of  Cities. 


401 

liabitants  residing  within  sucli  limits  is  [as  in  the  petition^  and  that 
the  name  of  such  proposed  city  is ; and,  praying  that  the  ques- 

tion be  submitted  to  the  legal  voters,  residing  within  such  limits 
whether  they  will  organize  as  a city,  under  an  act  of  the  general  as- 
sembly, approved  April  10,  1872,  entitled  ‘‘An  act  to  provide  for  the 
incorporation  of  cities  and  villages”,  and  the  several  amendments 
thereto;  now,  therefore,  the  county  judge  has  and,  hereby,  does  fix  a 
time  and  place,  within  the  boundaries  of  such  proposed  city,  at  which 
an  election  may  be  held  to  determine  such  question,  and  has  named, 
and  hereby  does  name,  the  persons  to  act  as  judges  in  holding  such 
election,  to-wit : Q.  R.,  S.  T.,  and  U.  Y.,  and  that,  in  accordance 

therewith,  an  election  will  be  held  on day,  the day  of , 

18 — , at , within  the  territory  above  described,  to  determine  the 

question  aforesaid. 

Given  under  my  hand  this day  of 18 — . 

W.  X.,  County  Judge. 

1.  See  § 5. 

930.  Record  entry  of  county  court,  as  to  result  of  election 
to  organize  contiguous  territory.] 

State  of  Illinois,  ] 

County  of , f 

Be  it  known  that  a petition  having  been  filed  in  the  office  of  the 
clerk  of  the  county  court  of count}q  in  the  state  of  Illinois,  ad- 
dressed to  the  judge  of  such  court  on  the  — day  of 18 — , signed 

by  fifty  legal  voters  of  contiguous  territory  lying  in  said  county  [or 
the  greater  part  of  which  territory  is  situated  tvithin  said  county\ 
described  as  follows,  to-wit : [set  forth  the  description  as  in  the  notice 
of  election\  setting  forth,  in  said  petition,  that  said  territory  is  not  al- 
ready included  within  any  incorporated  town  or  city  and  that  it  is  de- 
sired that  the  same  may  become  incorporated  as  a city,  with  the  follow- 
ing boundaries  [describe  as  in  the  notice  of  election]^  that  the  number 
of  inhabitants  residing  within  such  limits  is  [state  the  number  as  is  the 
fact  ascertained^  ; that  the  area  of  such  contiguous  territory  does  not 

exceed  four  square  miles,  and  that  the  name  of  such  proposed  city  be ; 

and,  praying  that  the  question  be  submitted  to  the  legal  voters  residing 
within  such  limits,  whether  thej^  will  organize,  as  a city,  under  an  act 
of  the  general  assembly,  approved  April  10,  1872,  entitled  “An  act 
to  provide  for  the  incorporation  of  cities  and  villages”,  and  the  several 
amendments  thereto;  that  the  county  judge  fixed  on  the — day  of 

, 18 — , as  the  time  and  [state  the  place ^ as  in  the  notice  of  election] 

as  the  place,  the  same  being  within  the  boundaries  herein  before  de- 
scribed, at  which  an  election  might  be  held  to  determine  the  question 
aforesaid,  and  named  the  persons  to  act  as  judges  in  holding  such  elec- 
tion, to-wit  Q.  R.,  S.  T.  and  U.  Y.  That,  in  accordance  therewith, 

the  county  judge  on  the  — day  of , 18 — , gave  notice  of  such 

election,  by  causing  ten  notices  to  be  posted  in  public  places  within 


Forms  and  Precedents. 


402 

siicli  proposed  city;  and,  that  on  a canvass  of  the  returns  of  such  elec- 
tion, made,  hy  the  county  judge  and  two  justices  of  the  peace  called, 
hy  Inm,  to  his  assistance,  to-wit : Y.  Z.  and  A.  A.,  the  following  is  the 
result  thereof ; there  were  cast,  at  such  election,  “For  city  organiza- 
tion under  general  law”, votes.  “Against  organization  under  gen- 
eral law”, votes. 

1.  See  § 5. 

931.  Record  entry  of  call  for  and  notice  of  election  of  officers 
by  town  or  village  organized  as  a city.] 

Whereas,  at  an  election  held  in  the  incorporated  town  [o?'"  village] 

of  — — , on  the  — day  of , 18—,  to  determine  whether  said  town 

[or  village]  would  become  incorporated  as  a city  under  the  general 
law  for  the  incorporation  of  cities  and  villages  ; and 

Whereas  it  appears,  by  the  returns  of  said  election,  duly  canvassed, 
that  the  result  thereof  was  in  favor  of  becoming  incorporated  as  a city. 

Therefore 

An  election  is,  hereby,  called  for  city  officers,  to  beheld  on day,  the 

— day  of , 18 — , and  the  following  place  is  [or  places  are]  desig- 

nated as  the  place  [or  places]  of  holding  such  election,  to-wit  [state  the 
place  or  places  designated]  : and,  it  is,  hereby,  ordered  that  notice  of 
such  election  be  given  by  publishing  the  same  in  the  newspaper  known  as 

[(9r,  if  there  he  none  in  the  town,  hy  posting  the  same  in  ten  puh~ 

lie  places  for  at  least  tweyity  days  before  such  election] 'j  that  the  fol- 
lowing persons  are  appointed  judges  to  hold  such  election,  to-wit : 
[name  them],  and  the  following  persons  are  appointed  clerks  [iiame 
them]. 

1.  See  §7. 

932.  Notice  of  election  of  officers,  in  town  or  village,  organized 
as  a city.] 

Whereas,  the  legal  voters  of  the  incorporated  town  [or  village]  of 

did,  at  an  election  held  therein  on  the  — day  of , 18 — , vote 

to  become  incorporated,  as  a city,  under  the  general  laws  of  this  state, 
providing  for  the  incorporation  of  cities  and  villages. 

Now,  therefore,  notice  is,  hereby,  given,  by  the  president  and  board  of 
trustees  of  said  town  [or  village],  that  an  election  has  been  called  and 

will  be  held  in  said  town  [or  village]  on  day,  the  — day  of , 

18 — , at  the  following  place  [or  places\  to-wit : [State  the  place  or 
places  designated],  for  the  election  of  the  following  city  officers,  to-wit : 
A mayor,  — aldermen,  a city  clerk  and  a city  treasurer. 

Dated  this  — day  of , 18 — . 

[Signatures,  hy  the  president  and  trustees.] 

1.  See  ^ r. 

2.  See§'  31,  52,  as  to  the  elective  officers. 

3.  After  the  adoption  of  the  general  law,  by  vote,  it  becomes  the  duty  of  the  offi- 
cers designated  “ then  in  office  ” to  take  steps  to  put  a city  government  in  operation 
under  irs  provisions,  by  dividing  the  city  into  the  proper  number  of  wards  [see  ^ 31  j, 
and  calling  a special  election;  Crook  v.  People,  100  111.,  242. 


Legislative  Department. 

4.  This  form,  by  a few  verbal  changes,  is  applicable  to  the  case  of  the  organiza- 
tion of  contiguous  territory,  to  be  called  by  the  county  judge,  under  § 8. 


933.  Record  of  proceedings,  of  city  or  village,  on  incorpora- 
tion ; to  be  recorded  and  filed  with  secretary  of  state. 

State  of  Illinois,  ) . 

City  of  - — , ( • 

Tlie  city  council  of  the  city  of convened  in  regular  [or  special] 

meeting,  at , at  the  hour  of o’clock,  — m. , 18 — . 

Present  — Ilis  honor,  the  mayor,  and  aldermen  [naming  them]. 
Absent  — Aldermen  [naming  them]. 

The  following,  among  other  proceedings,  were  had : 

Aid.  M.  moved  that  the  council  do  now  proceed  to  canvass  the  re- 
turns of  the  election  held,  in  said  city,  on  the  — day  of , 18 — , 

on  the  question  as  to  whether  said  city  should  become  incorporate.under 
the  general  laws  for  the  incorporation  of  cities  and  villages. 

The  motion  prevailed. 

Whereupon,  the  council  proceeded  accordinglydo  canvass  the  returns 
of  such  election,  and,  having  duly  canvassed  the  same,  declared  the 
following  as  the  result  thereof : 

[Insert  as  in  § 927,  or  as  the  entry ^ in  fact,  has  been  made.] 
Alderman  B.  moved  the  adoption  of  the  following  order : 

The  motion  prevailed. 

The  following  is  the  order  as  passed. 

Ordered,  that  the  city  clerk  file  in  the  office  of  the  recorder  of  deeds 

of county,  a certified  copy  of  the  entry  made,  as  aforesaid,  of  the 

canvass  of  the  votes,  showing  the  result  of  the  election  aforesaid,  and  a 
like  copy  in  the  office  of  the  secretary  of  state,  within  the  time  pre- 
scribed by  law. 


State  of  Illinois, 
City  of , 


ss.: 


I,  C.  D.,  city  clerk  of  said  city  of , do  hereby  certify  that  the 

foregoing  [or  annexed]  transcript  is  a true  copy  of  the  original  entry 
thereof,  as  the  same  appears  entered  upon  the  records  of  said- city,  now 
being  in  my  custody,  and  remaining  in  my  said  office  as  city  clerk. 

In  witness  whereof  I have  hereunto  set  my  hand  and  affixed  the  seal 
[l.  s.]  of  said  city,  this  — day  of , 18 — . 

C.  D.,  City  Clerk. 


2.  LEGISLATIVE  DEPARTMENT. 


Section. 

934.  Rules  and  order  of  business. 

935.  Tbe  same  — a shorter  form. 

936.  Notice  of  special  meeting. 

937.  Ordinance,  as  to  absentees. 

938.  Ordinance  regulating  time  of  meet- 

ing. 


Section. 

939.  Ordinance  adjourning  a regular  meet- 

ing. 

940.  Ordinance  substituting  a day  for 

regular  meeting. 

941.  Journal  of  proceeding. 


4U4 


Forms  and  Precedents. 


934.  Rules  and  order  of  business.] 

Meetings  of  the  City  Councii.. 

T.  Regular  meetings  of  tlie  city  council  shall  be  held  every day 

at o’clock,  — M.,  unless  otherwise  ordered  at  a regular  meeting, 

Special  meetings  may  he  held,  at  any  time,  on  call  of  the  mayor  or 
any  three  or  more  aldermen.  Such  call  shall  be  in  writing,  duly  signed, 
and  shall  be  presented  to  the  clerk,  who  shall,  immediately,  proceed  to 
prepare  notices  of  the  same  and  shall  cause  them  to  be  served,  on  the 
members  of  the  council,  in  the  usual  manner. 

At  every  special  meeting  the  call  for  the  same  shall  be  read  and 
afterward  filed  by  the  clerk. 

Order  of  Business. 

II.  At  the  hour  appointed  for  the  meeting,  the  clerk  (or  some  one 
appointed  to  fill  his  place)  shall  proceed  to  call  the  roll  of  members, 
mark  the  absentees,  and  announce  whether  a quorum  (i,  e.,  a majority 
of  all  the  members  elected)  be  present.  Upon  the  appearance  of  a 
quorum,  the  council  shall  be  called  to  order,  the  presiding  officer  tak- 
ing the  chair,  if  present,  and  the  council  appointing  a temporary  chair- 
man, if  he  should  be  absent.  If  a quorum  do  not  appear,  the  council 
shall  not  thereby  stand  adjourned  unless  by  a vote  of  the  members 
present.  When  a quorum  is  present  the  council  shall  proceed  to  the 
l)usiness  before  it,  which  shall  be  conducted  in  the  following  order : 

1.  The  reading  of  the  minutes  of  the  proceedings  of  the  last  meeting 
or  meetings  (if  there  has  been  a special  meeting  intervening),  amend- 
ment and  approval  of  the  same,  unless  dispensed  with  by  the  council. 

2.  Reports  of  city  officers. 

3.  Presentation  of  petitions,  communications,  resolutions  and  ordh 
nances. 

4.  Unfinished  business  of  preceding  meetings. 

5.  Reports  of  standing  committees. 

6.  Reports  of  select  committees. 

7.  Miscellaneous  business. 

III.  All  questions  relating  to  the  priority  of  business  shall  be  decided 
by  the  chair,  without  debate,  subject  to  appeal. 

Duties  and  Privileges  of  the  President. 

lY.  The  presiding  officer  shall  preserve  order  and  decorum,  and 
may  speak  to  points  of  order  in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose,  and  shall  decide  all  questions  of  order, 
subject  to  an  appeal  to  the  city  council,  on  which  appeal  no  member 
shall  speak  more  than  once  without  the  unanimous  consent  of  the 
council. 

Y.  While  the  presiding  officer  is  putting  the  question,  no  member 
shall  walk  across  or  out  of  the  council  room. 


Leg  islative  1)  e pa  rtm  ent. 


405 

VI.  Eveiy  member,  ])revious  to  his  speakiiig,  making  a motion  or 
seconding  the  same,  sliall  rise  from  his  seat  and  address  Tiimself  to  the 
presiding  officer,  and  say,  Mr.  President”,  but  shall  not  proceed  with 
Ids  remarks  until  recognized  and  named  by  the  chair. 

VII.  When  two  or  more  members  rise  at  once,  the  presiding  officer 
shall  name  the  member  who  is  tirst  to  speak. 

VIII.  During  the  session  of  the  council,  onl}^  city  officers,  ex-alder- 
meii  and  persons  connected  with  the  press  shall  be  admitted  within  the 
bar  of  the  city  council  chamber,  unless  upon  invitation  of  the  chair- 
man. Lobbying  shall  not  be  permitted. 

IX.  In  case  of  any  disturbance  or  disorderly  conduct,  the  presiding 
officer  shall  have  the  power  to  require  the  chamber  to  be  cleared  if 
necessary. 

X.  Smoking  shall  be  strictly  prohibited  in  the  council  chamber  dur- 
ing the  session  of  the  council. 


Duties  and  Privileges  of  Members. 

XL  When  a member  wishes  to  present  a communication,  petition, 
order,  resolution  or  other  original  matter,  he  shall  rise  in  his  place  and 
briefly  state  its  nature  before  presenting  the  same ; and  the  chairman 
shall  call  each  ward  for  the  third  order  of  business,  beginning  one 

meeting  at  the  first  ward,  and  the  next  meeting  at  the \tlie  highest 

7mmbered]  ward,  and  so  on  alternately  during  the  term  of  the  council. 

Xn.  No  member,  without  leave  of  the  council,  shall  speak  more 
than  once  upon  the  same  subject,  until  every  member  desirous  of 
speaking  shall  have  spoken  ; and,  no  member  shall  speak  longer  than 
five  minutes  at  any  one  time  except  by  consent  of  the  council. 

XIII.  A member  called  to  order  by  the  chair  shall  immediately  sit 
down,  unless  permitted  to  explain.  If  there  be  no  appeal,  the  decision 
of  the  chair  shall  be  conclusive ; but,  if  the  member  appeal  from  the 
decision  of  the  chair,  the  council  shall  decide  on  the  case. 

XIV.  While  a member  is  speaking,  no  member  shall  hold  any  pri- 
vate discourse,  nor  pass  between  the  speaker  and  the  chair. 

XV.  Every  member  who  shall  be  present  when  a question  is  stated 
from  the  chair  shall  vote  thereon,  unless  excused  by  the  council,  or  un- 
less he  is  directly  interested  in  the  question,  in  which  case  he  shall  not 
vote. 

XVI.  No  member  shall  be  allowed  to  leave  the  council  while  in 
session,  unless  excused  by  the  presiding  officer  ; and,  for  attempting  to 
do  so,  or  for  persistent  violation  of  any  other  rule  or  order,  may  be 
restrained,  or  otherwise  dealt  with,  as  the  president  of  the  council 
may  direct. 

Motions  and  Pesolutions. 

XVII.  Any  matter  before  the  council  may  be  set  down  as  a special 
order  of  business  at  a time  certain,  if  two-thirds  of  the  aldermen 
present  vote  in  tlie  affirmative;  but,  not  otherwise. 


40G 


P'ORMS  ANIJ  J^KECEDENTS. 


XVIII.  No  motion  sliiill  be  ])ut  or  debated  unless  it  be  seconded. 
When  a motion  is  seconded  it  sliall  be  stated  by  the  presiding  officer 
before  debate,  and  every  such  motion  shall  be  reduced  to  writing,  if 
recpiired  by  a member,  and  the  proposer  of  the  motion  shall  be  entitled 
to  the  floor. 

XIX.  After  a motion  or  resolution  is  stated  by  tlie  presiding  officer, 
it  shall  be  deemed  to  be  in  possession  of  the  council,  but  may  be  with- 
drawn at  any  time  before  decision  or  amendment,  by  consent  of  the 
council. 

XX.  If  the  question  under  consideration  contains  several  distinct  pro- 
positions, any  member  may  have  the  same  divided  when  the  sense  admits 
of  it. 

XXL  In  all  cases  where  a resolution  or  motion  is  entered  on  the 
minutes  of  the  council  the  name  of  the  member  moving  the  same  shall 
be  entered  also. 

Taking  and  Entering  V^ote. 

XXII.  If  au}^  member  require  it,  the  yeas  and  nays  upon  any  ques- 
tion shall  be  taken  and  entered  on  the  minutes  ; but,  the  yeas  and  nays 
shall  not  be  taken  unless  called  for  previous  to  any  vote  on  the  question. 

XXIII.  The  result  of  all  votes  by  yeas  and  nays  shall  not  be 
announced  by  the  clerk  but  shall  be  handed  by  him  to  the  chairman  for 
announcement,  and  no  vote  shall  be  changed  after  the  tally  list  has 
passed  from  the  hands  of  the  clerk. 

Precedence  of  Question. 

XXIY.  When  a blank  is  to  be  tilled  and  different  sums  or  times  pro- 
posed, the  question  shall  be  taken  first  on  the  lesser  sum  or  the  longest 
time. 

XXY.  When  the  question  is  under  debate  the  only  motion  in  order 
shall  be:  1,  to  adjourn  to  a day  certain  ; 2,  to  adjourn  ; 3,  to  lay  on 

the  table ; 4,  the  previous  question  ; 5,  to  refer ; 6,  to  amend ; 7,  to  sub- 
stitute ; 8,  to  postpone  indefinitely  or  to  a day  certain.  Nos.  2,  3 and 
4 to  be  decided  without  debate. 

Adjournment. 

XXYI.  A motion  to  adjourn  the  council  shall  always  be  in  order, 
except : 1,  when  a member  is  in  possession  of  the  floor ; 2,  while  the 

yeas  and  nays  are  being  called  ; 3,  when  the  members  are  voting ; 4, 
when  adjournment  was  the  last  preceding  motion  ; and  5,  when  it  has 
been  decided  that  the  previous  question  shall  be  taken. 

XXYII.  A motion  simply  to  adjourn  can  not  be  amended,  but  amo- 
tion to  adjourn  to  a time  named  may  be  and  is  open  to  debate. 

XXYlll.  The  council  between  the  second day  in and  the 

second day  in  , may  adjourn  over  one  or  more  regular  meet- 

ings, on  a vote  of  a majority  of  all  the  aldermen  authorized  by  law  ^ 
to  be  elected. 


Legislative  Department. 


407 


Previous  Question. 

XXIX.  When  tlie  previous  question  is  moved  and  seconded  it  shall 

be  put  in  this  form  : Shall  the  main  question  now  be  put?”  If  this 

is  carried,  all  further  amendments  and  all  further  motions  and  debates 
shall  be  excluded,  and  the  question  put  without  delay,  upon  the  pend- 
ing amendments  in  proper  order,  and  then  upon  the  main  question. 

To  Lay  on  the  Table. 

XXX.  A motion  to  simply  lay  a question  on  the  table  is  not  debat- 
able ; but,  a motion  to  lay  on  the  table  and  publish,  or  any  other  con- 
dition, is  subject  to  amendment  and  debate. 

A motion  to  take  a subject  matter  from  the  table  may  be  proposed 
the  same  meeting,  provided  two-thirds  of  the  aldermen  present  vote 
therefor. 

XXXI.  A motion  to  lay  any  particular  proposition  on  the  table  shall 
apply  to  that  proposition  only. 

Indefinite  Postponement. 

XXXII.  When  a motion  is  postponed  indefinitely,  it  shall  not  be 
again  taken  up  at  the  same  meeting. 

To  Refer. 

XXXIII.  A motion  to  refer  to  a standing  committee  shall  take  pre- 
cedence of  a similar  motion  for  a special  committee. 

To  Amend. 

XXXIY.  A motion  to  amend  an  amendment  shall  be  in  order,  but 
one  to  amend  an  amendment  to  an  amendment  shall  not  be  entertained. 

XXX  Y.  An  amendment  modifying  the  intention  of  a motion  shall 
be  in  order  ; but,  an  amendment  relating  to  a different  subject  shall  not 
be  in  order. 

XXXYI.  On  an  amendment  to  “ strike  out  and  insert”,  the  para- 
graph to  be  amended  shall  first  be  read  as  it  stands,  then  the  words  pro- 
posed to  be  stricken  out  and  those  to  be  inserted  and,  finally,  the 
paragraph  as  it  will  stand  if  so  amended  shall  be  read. 

To  Substitute. 

XXXYII.  A substitute  for  any  original  proposition  in  debate  may 
be  entertained  when  further  amendment  is  not  admissible;  and,  if  ac- 
cepted by  the  mover  of  such  original  proposition,  or  by  the  council  by 
vote,  it  shall  entirely  supersede  such  original  proposition,  and  cut  off 
all  amendments  appertaining  thereto. 

49 


408 


Forms  and  Precedents. 


Reconsideration. 

XXXVIII.  A vote  or  question  may  be  reconsidered  at  any  time  dur- 
ing the  same  meeting,  or  at  the  tirst  regular  meeting  held  thereafter. 
A motion  for  reconsideration  being  once  made  and  decided  in  the  nega- 
tive, shall  not  be  renewed,  nor  shall  a vote  to  reconsider  be  reconsidered. 

XXXIX.  A motion  to  reconsider  must  be  made  and  seconded  by 
members  who  voted  in  the  majority,  unless  otherwise  provided  in  the 
charter ; Provided,  however,  that  where  a motion  is  lost  by  reason  of 
not  receiving  a two-thirds  vote  required  for  its  passage,  a motion  to  re- 
consider may  be  made  and  seconded  by  those  voting  in  the  minority 

Precedence  of  Business. 

XL.  The  city  council  shall  at  all  regular  meetings  resume  business 
at  the  same  order  on  which  it  was  engaged  immediately  preceding  the 
last  adjournment,  with  the  exception  of  orders  Xo.  1,  2,  3 and  4 of  rule 
2,  which  shall  be  called  and  disposed  of  before  resuming  business  as 
herein  provided. 

Standing  Committees. 

XLT.  The  following  shall  be  the  standing  committees  of  the  city 
council : 

1.  On  finance. 

2.  On  judiciary. 

3.  On  schools. 

4.  On  railroads. 

5.  On  fire  and  water. 

6.  On  health  and  county  relations, 

7.  On  gas,  oil  and  electric  lights. 

8.  On  public  buildings. 

9.  On  elections. 

10.  On  streets  and  alleys. 

11.  On  police. 

12.  On  wharves  and  public  grounds. 

13.  On  harbor  and  bridges. 

14.  On  markets. 

15.  On  wharfing  privileges. 

16.  On  house  of  correction. 

17.  On  licenses. 

18.  On  local  assessments. 

19.  On  printing. 

XLII.  The  standing  committees  of  the  city  council  shall  consist  of 

members  each,  except  the  several  committees  on  streets  and  alleys, 

which  shall  be  composed  each  of  as  many  aldermen  as  there  are  wards 
in  the  division  represented. 


409 


Legislative  Department. 

Select  Committees. 

XLIII.  On  the  acceptance  of  a final  report  from  a select  committee, 
the  said  committee  shall  be  discharged  without  a vote ; unless  otherwise 
ordered. 


Jurisdiction  of  Committees. 

XLIY.  All  matters  relating  exclusively  to  the  streets  and  alleys  in 
any  division  of  the  city  shall  be  referred  to  the  committee  of  that 
division. 

XLY.  Unless  in  cases  of  emergency,  committee  meetings  shall  be 

called  at  least hours  prior  to  the  time  of  meeting  of  council, 

each  member  shall  attend  promptly  at  the  hour  stated  in  the  notice  or, 
if  unable  to  do  so,  shall  notify  in  writing  the  chairman  of  the  committee 

to  that  effect.  consecutive  violations  of  this  rule  shall  subject 

the  offender  to  removal  from  the  committee  by  the  president  of  the 
council. 

XLYI.  All  ordinances,  petitions,  resolutions,  orders  and  communi- 
cations to  the  council,  shall,  unless  by  unanimous  consent,  be  referred 
to  appropriate  committees,  to  be  decided  by  the  chair,  and  only  acted 
upon  by  the  council  at  a subsequent  meeting,  on  the  report  of  the  com- 
mittee having  the  same  in  charge. 

XLYII.  When  two  or  more  committees  are  called,  the  council  shall 
decide  to  which  committee  the  subject  matter  shall  go. 

Deports  of  Committees. 

XLYIII.  Standing  and  select  committees  to  whom  references  are 
made  shall,  in  all  cases,  report  in  writing,  at  least  once  in  each  month 
— unless  further  time  be  granted  by  a vote  of  the  council  — the  state 
of  facts  with  their  opinion  thereon.  Minority  reports  may  be  received 
at  the  same  time  with  majority  reports. 

XLIX.  All  reports  of  committees  shall  be  addressed  To  the  mayor 

and  aldermen  of  the  city  of in  city  council  assembled  They 

shall  briefly  describe  the  matter  referred  and  the  conclusion  to 
which  the  committee  has  arrived  ; which  conclusion  shall  be  summed 
up  in  the  form  of  an  ordinance,  order,  resolution,  recommendation,  or 
some  other  distinct  proposition. 

General  Provisions. 

L.  No  order  or  resolution  involving,  directly  or  indirectly,  the 
expenditure  of  money  from  the  city  treasury,  and  no  ordinance  (except 
such  ordinances  as  are  sent  to  the  council  by  the  department  of  public 
works,  relating  to  public  improvements,  to  be  paid  for  by  special 
assessments),  shall  be  flnally  passed  by  the  city  council  until  the  same 
shall  have  been  published,  and  then  only  flnally  acted  upon  at  a subse- 
quent meeting. 


411) 


Forms  and  Precedents. 


LI.  The  rules  of  piirlimnentiiry  pi-actice  comprised  in  ”,  shall 

govern  tlie  council  in  all  cases  to  which  they  are  apjdicahle,  and  in 
which  they  are  not  inconsistent  with  the  standing  rules  of  this  council. 

Suspension  e'jc.  of  Rules, 

LIT.  These  rules  may  he  temporarily  suspended  by  a vote  of  two- 
thirds  of  the  aldermen  jiresent,  but  shall  not  be  repealed,  altered  or 
amended,  unless  by  concurrence  of  two-thirds  of  all  the  aldermen  enti- 
tled by  law  to  be  elected. 

Sergeant  at  Arws. 

LIII.  There  shall  be  elected  by  ballot,  by  the  members  of  the 
council,  a sergeant  at  arms  of  this  council,  who  shall  preserve  order, 
obey  the  directions  of  the  city  council,  and  perform  all  duties  usually 
ap|)ertaining  to  theotiiceof  sergeant  at  arms  of  deliberative  assemblies. 
Said  sergeant  at  arms  shall  have  power  to  appoint  such  number  of 
assistants  as  he  may  deem  necessary,  for  any  length  of  time,  not 
exceeding  twenty-four  hours  at  any  one  time ; ]>rovided,  that  such 
sergeant  at  arms  shall  be  removable  at  the  will  of  the  council,  by  reso- 
lution duly  adopted. 

Cp:nsure. 

LIV.  Any  member  acting  or  appearing  in  a lewd  or  disgraceful 
manner,  or  who  uses  opprobrious,  obscene  or  insulting  language  to  or 
about  any  member  of  the  city  council,  or  who  does  not  obey  the  order 
of  the  chair,  shall  be,  on  motion,  censured  by  a majority  vote  of  the 
members  present,  or  expelled  by  a two-thirds  vote  of  all  members 
elected.  In  case  of  censure,  the  sergeant  at  arms,  his  assistants,  or  any 
Iverson  acting  under  direction  of  the  chair,  shall  cause  the  member  cen- 
sured to  vacate  his  seat  and  come  before  the  bar  of  the  council,  and 
receive  censure  from  the  chair. 

935.  Rules  of  order  for  city  councils  and  boards  of  trustees 
— short  form.]  I.  The  president  shall,  if  present,  take  the  chair  at 
the  hour  appointed  for  the  meeting  of  council  [or  the  hoard\  If  he  be 
not  present  the  council  shall  elect  a temporary  chairman,  who  shall  act 
in  his  stead.  The  members  being  called  to  order,  the  roll  of  members 
shall  be  called,  and  if  a quorum  be  present,  the  presiding  officer  shall 
cause  the  journal  of  the  last  preceding  meeting  to  be  read ; unless  such 
readino’  be  dispensed  with  by  vole. 

II.  The  president  shall  preserve  order  and  decorum.  He  may  speak 
to  points  of  order  in  preference  to  any  other  member  and  shall  decide 
points  of  order,  subject  to  an  appeal  to  the  city  council  [or  hoard\  by 
any  [the  number  selected^  members;  on  which  appeal  no  member 
shall  speak  more  than  once,  unless  by  leave  of  the  city  council  [or 
board.  J 


Legislative  Deeautmen’t. 


411 

III.  No  motion  sliall  be  put  or  debated  until  it  is  seconded,  and 
every  (piestion  shall  be  distinctly  stated  by  the  ])resident,  before  it  is 
open  for  debate.  Every  motion  shall  bo  reduced  to  writing,  if  the 
president  or  any  member  shall  so  demand.  When  any  question  is 
]>ut,  if  the  president  be  in  doubt  or  a division  is  called  for,  by  any 
member,  the  decision  may  be  by  a rising  vote. 

lY.  The  mayor  [or  j^resident]  may  call  on  any  member  to  perform 
the  duties  of  chairman;  no  such  substitution,  however,  shall  extend 
beyond  the  adjournment  of  the  particular  meeting. 

Y.  Every  member,  previous  to  speaking  to  any  question,  shall  rise 
from  his  seat  and  audibly  address  the  presiding  officer  as  “ Mr.  Presi- 
dent”. Such  member  shall  not,  however,  speak  further  until  he  is 
recognized  and  named,  by  the  board  or  district  he  represents.  No 
member,  during  any  debate,  shall  be  named  by  his  personal  name ; but, 
shall  always  be  recognized  by  the  designation  of  the  ward  or  district 
which  he  represents  — except  as  by  section  XYII,  is  otherwise  pro- 
vided. 

YI.  No  member  shall  speak  more  than  twice  to  the  same  question, 
unless  permitted  by  the  council  [or  l)oard\ 

YII.  When  a motion  made  has  been  stated  by  the  president  or  a 
committee  report  made  it  shall  be  deemed  to  be  in  possession  of  the  city 
council  [or  hoard\.  It  may,  however,  be  amended  or  laid  on  the 
table  or,  with  the  consent  of  the  council  [or  l)oard\^  withdrawn  at  any 
time  before  a vote  is  taken  thereon. 

YIII.  When  a question  is  under  consideration  no  motion  shall  be 
received  but 

1.  To  adjourn  ; 

2.  To  lie  on  the  table  ; 

3.  The  previous  question  ; 

4.  To  postpone  indefinitely ; 

AVhich  several  motions  shall  have  preference  in  the  order  in  which 
they  are  herein  named. 

k.  motion  to  adjourn  shall  always  be  in  order.  It  shall  be  decided 
without  debate.  The  ayes  and  nays  shall,  always,  be  taken  on  a mo- 
tion to  adjourn. 

IX.  A motion  for  the  previous  question  ; to  lay  the  question  on  the 
table,  until  decided,  shall  preclude  all  amendment  of  or  debate  on  the 
main  question. 

X.  The  previous  question  shall  be  as  follows  : Shall  the  main 

question  now  be  put  ? ” 

XI.  A motion  to  postpone  consideration  of  a question  indefinitely, 
or  to  adjourn  it  to  a day  certain,  shall,  until  it  is  decided,  preclude  all 
amendments  to  the  main  question. 

XII.  AVhen  a blank  is  to  be  filled  and  different  sums  or  times  are 
proposed,  the  question  shall  first  be  put  on  the  largest  sum  and  the 
lonirest  time. 

XIII.  When  a question  before  the  city  council  [or  hoard^  contains 
two  or  more  distinct  propositions,  any  member  may  call  for  a division 


Forms  and  Precedents. 


412 

of  tlie  qnestioD,  and  tlie  vote  sliall  be  taken  on  each  distinct  proposi- 
tion separatel3^ 

ordinance  sliall  be  read  when  introduced  and  lie  over 
until  a future  meeting,  and  be  printed  with  the  proceedings,  before  the 
same  shall  be  ])assed. 

XV.  Tlie  ayes  and  nays  shall  be  taken  on  the  question  of  the  pas- 
sage of  all  ordinances  or  propositions  to  create  any  liability  against  tlie 
city  [o?‘  village],  or  for  the  appropriation  or  expenditure  of  its  money. 
In  all  other  cases  such  vote  shall  be  had  at  the  request  of  any  member. 
In  either  case  the  vote  shall  be  entered  on  the  I’ecord  of  proceedings. 

XVI.  Every  member  present  when  a vote  is  taken  shall  vote  — 
unless  excused  by  the  city  council  \or  hoard]  or  unless  he  shall  be  or 
may  become  directly  interested  in  the  matter  pending,  in  which  case 
no  member  shall  vote. 

XVII.  If  any  member  shall  transgress  the  rules  of  the  council  \or 
hoard],  the  president  or  any  member  may  call  him  to  order.  When 
so  called  to  order  such  member  shall,  at  once,  resume  his  seat.  If  such 
member  persists  in  the  violation  of  the  rules,  the  presiding  officer  may 
‘‘  name”  him,  by  his  personal  name  and  command  him  to  be  seated.  If 
he  still  persist,  he  shall  be,  on  motion,  censured  by  a majority  vote  of 
the  members  present.  At  any  stage  prior  to  the  passage  of  such  vote 
of  censure,  the  council  [or  hoard]  may,  on  motion,  allow  the  trans- 
gressing member  to  resume  the  floor  that  he  may  explain. 

XVIII.  All  standing  committees  shall  consist  of  members,  ex- 

cept the  committees  on  finance,  streets  and  alleys,  and  on  schools, 

which  shall  consist  of members  and  shall  be  appointed  by  the 

mayor  [or  president]  [or,  hy  vote  of  the  council,  or  hoard]. 

XIX.  The  standing  committees  shall  be  appointed  annually,  as  fol- 
lows : 

1.  Finance. 

2.  Streets  and  alleys. 

3.  Schools. 

4.  Judiciary. 

5.  Health. 

6.  Fire  and  water. 

7.  Gas. 

8.  Public  buildings  and  real  estate. 

9.  Police. 

10.  Railroads. 

11.  Markets. 

12.  Levee  and  landings. 

13.  Licenses. 

14.  Local  assessments. 

XX.  Select  committees  may  be  appointed,  for  the  consideration  of 
any  particular  question  or  matter  by  resolution  of  the  council  [or  hoard] 
in  the  manner  prescribed  by  the  resolution  adopted. 


Legislative  Department. 


413 


XXI.  When  any  committee  — standing  or  special  — shall  be  ap- 

pointed, the  clerk  shall  notify  the  chairman  thereof,  and  deliver  to  him 
the  names  of  the  members  thereof,  within hours  after  appoint- 

ment made.  The  chairman  shall  call  the  members  together,  and  on 
the  appearance  of  a (piorum,  it  shall  proceed  to  the  transaction  of  such 
business  as  is  or  may  come  before  it. 

XXII.  All  new  business  introduced,  at  any  meeting,  shall  be  referred 

to  the  appropriate  committee;  unless,  on  motion,  it  is  referred  to  a 
select  committee ; or  lay  over  until  the  next  meeting.  This  rule  shall 
never  be  suspended  unless  on  the  affii’mative  votes  of members. 

XXIII.  All  committees,  to  whom  any  matter  may  be  referred,  shall 
report  in  writing,  stating  the  facts,  giving  their  opinion  thereon  and 
appending  to  their  report  all  papers  to  them  referred.  Such  report 
shall  be  signed  by  the  concurring  members.  Minority  reports  may  be 
submitted,  signed  by  the  dissentient  member  or  members. 

XXIY.  On  the  acceptance  of  a final  report  from  a select  committee 
such  committee  shall  stand  discharged  without  vote,  unless  it  be  other- 
wise ordered. 

XX  V^.  All  reports  made  by  committees  or  officers  of  the  city  \or 
village]  ; all  resolutions  adopted  ; all  ordinances  as  presented  and  passed; 
all  communications,  petitions  and  the  like  received  and,  generally,  all 
papers  presented  to  or  acted  on  shall  be  filed  and  carefully  preserved 
by  the  city  clerk. 

XXVI.  All  petitions  or  communications  addressed  to  the  city  coun- 
cil [or  president  and  hoard  of  trustees]  shall  be  in  writing  and  tiled 
by  the  city  clerk  and  not  withdrawn;  unless  by  leave  of  the  council  [or 
hoard]. 

XXVII.  Unless  for  the  payment  of  money  as  provided  for  by  ordi- 
nance, all  claims  against  the  city,  for  the  payment  of  money,  must  be  in 

writing  and  filed  with  the  city  clerk,  at  least days  before  the  next 

regular  meeting  of  the  council  [or  hoard]. 

XXVIII.  In  all  cases,  when  a resolution  is  offered  or  motion  made  it 
shall  be  entered  on  the  journal  of  the  council  [or  hoard]  ; the  name  of 
the  member  offering  or  making  the  same  shall,  also,  be  entered  on 
such  record. 

XXIX.  The  order  of  business  of  this  council  [or  hoard]  shall  be  as 
follows: 

1.  Petitions. 

2.  Reports  of  officers. 

3.  Communications. 

4.  Reports  of  standing  committees. 

5.  Reports  of  select  committees. 

6.  Unfinished  business. 

7.  Resolutions,  motions  etc.  on  call  of  the  roll,  by  wards. 

XXX.  The  above  rules  of  procedure  and  order  of  business  shall  be, 
invariably,  adhered  to  by  the  city  council  [or  president  and  hoard  of 
trustees]^  unless  the  same  shall  be  temporarily  suspended  by  unanimous 


414 


Forms  a>td  Phecedekts. 


consent.  They  lire,  liowever,  8u]>ject  to  amendincmt  or  niodificatioii  at 
a regular  meeting  next  following  a regular  meeting  at  which  notice,  in 
writing,  specifying  the  })roposed  amendment  is  presented. 

1.  See  ^ 


936.  Notice  of  special  meeting.] 


City  of , 

To  C.  F.,  Alderman, ward: 

Sir: — You  are,  hereby,  notified  that  the  mayor  of  said  city  of 

[or  three  aldermen  {naming  themy]  have  called  a special  meeting  of  the 

city  council,  to  convene  at , at  the  hour  of  ■,  — . m.,  on  the 

— day  of , 18 — . 

Dated  this  the  — day  of , IS — . 


1.  See  ^ flH, 


C.  D.,  City  Clerk. 


937.  Ordinance  as  to  absentees.]  An  ordinance  to  compel  the 
attendance  of  absentees,  at  meetings  of  the  city  council  and  to  pre- 
scribe penalties  for  non-attendance. 

Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  It  shall  be  the  duty  of  each  and  every  alderman  to  attend 
at  each  regular  and  special  meeting,  duly  called,  of  the  council,  at  the 
hour  appointed  for  convening.  In  default  thereof,  or  on  failure  or  neg- 
lect so  to  do,  without  just  excuse,  he  shall  forfeit  and  pay  a penalty 

of dollars,  for  each  and  every  omission  to  attend  as  aforesaid. 

1.  See  § 8. 


938.  Ordinance  regulating  the  time  of  meeting.]  An  ordinance 
to  provide  for  meetings  of  the  city  council. 

Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  E-egular  meetings  of  the  city  council  shall  be  held  on 
the  — day  of  each  month  of  each  year  [or  on  the  — day  in  each 

month  of  , of  each  yeary  or  on  emry day'\  at  the  hour  of 

, — . M.,  at  [state  the  'place  wheref 

§ 2.  The  time  of  each  special  meeting  shall  be  designated  by  the  can 
and  shall  be  stated  in  the  notice  thereof,  to  be  delivered  to  each  aider- 
man  elected. 


939.  Ordinance  adjourning  a regular  meeting.]  An  ordinance 
fixing  the  time  for  holding  the  next  regular  meeting  of  the  city  council. 

Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  The  next  regular  meeting  of  the  city  council  shall  be  held 
on day,  the  — day  of , 18 — , at  the  hour  of , — . m. 

§ 2.  This  ordinance  shall  be  in  force  from  and  after  its  passage. 

940.  Ordinance  substituting  a day  for  regular  meeting.]  An 
ordinance  fixing  the  time  for  the  holding  of  the  next  regular  meeting 
of  the  city  council. 


Legislative  Department. 


415 


Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  'I’liat,  there  sliall  be  no  meeting  of  tlie  city  council  on  tlie 

— day  of  5 i6 — ; but,  the  regular  meeting  of  the  city  council 

next  after  the  meeting  of , 18 — , shall  be  held  on  — day  of , 

the  — day  of , 18 — , at o’clock,  — . m. 

941.  Journal  of  proceedings.] 

Council  Chamber, , 18 — . 

The  city  council  of  the  city  of met  at , at  the  hour  of  — 

— . M. 

Present  — Plis  lionor,  the  mayor,  and  aldermen  [flaming  them\ 

Absent — Aldermen  [naming  them\ 

[If  the  mayor  he  absent^  then  ^^Ald.  M.  moved  that  Aid.  W.  take 
the  chairl  The  motion  jorevailed.  Aid.  W.  in  the  chair.^ 

The  minutes  of  the  regular  [or  sjjecial]  meeting  held , 18  — , 

were  read ; and. 

On  motion  of  Aid.  R.,  approved. 

[Or.,  Aid.  R.  moved  that  the  minutes  of  the  regular  {or  special) 
meeting  held , 18 — , he  approved  without  being  read.  The  mo- 

tion prevailed?^ 

Petitions. 

Aid.  D.  presented  a petition  of  E.  M.,  for  a permit  to  erect  an  awn- 
ing at  the  entrance  to  N o. — street. 

Referred  to  the  committee  on  streets  and  alleys. 

The  clerk  presented  the  petition  of  T.  Z.  C.,  for  compensation  for 
personal  injuries,  which  was 

Referred  to  the  committee  on  finance. 

Aid.  B.  presented  the  petition  of  L.  K.,  N.  M.  and  one  hundred  and 
five  others  for  the  repeal  of  the  ordinance  for  improving street, 

Which  was,  on  his  motion,  referred  to  the  committee  on  streets  and 
alleys,  with  the  request  that  said  committee  report  back  at  the  next 
regular  meeting  of  the  city  council. 

Reports  of  Officers. 

His  honor,  the  mayor,  submitted  his  report  of  releases  from  the 
house  of  correction,  for  the ending , 18 — ; which  was 

Placed  on  file. 

Also  the  following  communication  : 


Mayor’s  Office,  , 18- 

To  the  City  Council : [Here  copy  the  communication 

Aid.  D.  moved  that  the  same  be  placed  on  file. 

The  motion  prevailed. 

Also,  the  following  veto  message : 

50 


) 


Forms  and  Frege  dents. 


Mayor’s  Office,  , 18 — . 

To  tlie  Connell  : 

(rKNTLEMEN  — 1 hcrowitli  rotiim  the  ordinance  [or  resolution]  in 
reference  to  etc.  witliont  a})proval,  for  tlie  reasons  etc. 

A.  F.,  Major. 

The  question  recurring  on  the  reconsideration  of  said  ordinance,  en- 
titled “An  ordinance  to  provide  etc.”,  the  question  being  “shall  such 
ui'dinance  ])ass,  the  mayor’s  ob  jections  to  the  contrary  notwithstanding  ? ” 
Jt  was  decided  in  the  affirmative,  by  the  following  vote  : 

Yeas — [name  the  aldermen]. 

Nays — None  [or  as  the  fact  may  he^  naming  the  voter s^^ 

[Or  Aid.  M.  moved  to  reconsider  the  vote  hy  which  the  ordinance 
referred  to  in  the  veto.,  was  ymssed.] 

The  motion  prevailed. 

Aid.  M.  moved  that  the  ordinance  be  passed,  the  veto  of  the  mayor 
to  the  contrary  notwithstanding. 

Aid.  N.  moved  that  the  sulqect  matter  be  referred  to  the  committee 
on . 

Aid.  J.  moved  that  the  same  be  referred  to  the  committee  on . 

Aid.  M.  withdrew  his  motion  that  the  ordinance  be  passed,  the  veto 
to  the  contrary  notwithstanding. 

Aid.  M.  moved  that  the  ordinance  submitted  with  the  veto  message^ 
be  submitted  with  the  reconsidered  ordinance. 

The  motion  was  lost  by  yeas  and  nays,  as  follows  • 

Yeas — [name  the  voters]. 

Nays  — [7iame  the  voters.] 

Aid.  C.  moved  that  the  ordinance  be  laid  over,  published  and  made 
the  special  order  for  the  next  regular  meeting  at  — o’clock. 

The  motion  prevailed. 

The  inspector  of submitted  his  annual  report  for  the  year  ending 

, 18  -. 

Aid.  S.  moved  that  the  same  be  published  and  placed  on  file. 

The  motion  prevailed. 

The  following  is  the  report  [set  it  fo7dh]. 

CoM^iiTTEE  Reports. 

Aid.  S.  presented  the  report  of  the  committee  on  streets  and  alleys, 
on  ordinance  granting  permission  to  C.  I.  Co.  to  lay  down  a switch  track. 
Aid.  S.  moved  to  concur  in  the  report  and  pass  the  ordinance. 

Aid.  C.  moved  to  amend  the  ordinance  by  [set  forth  the  amendment 
as  progyosed]. 

The  amendment  was  agreed  to. 

Aid.  S.  moved  that  the  ordinance  as  amended  be  passed. 

The  motion  prevailed,  by  yeas  and  nays,  as  follows : 

Yeas  — Aid.  [set  forth  the  voters''  names]. 

Nays  — Aid.  [set  forth  the  voters’’  names]. 

The  following  is  the  ordinance  as  passed  [insei't  it  as  it  passed]. 


Elections.  417 

Aid.  G.,  from  the  committee  on  police,  to  'wliom  was  referred  the 
following  resolution  : 

“ Resolved  that  ” etc. 

Reported  the  same  back,  with  recommendation  that  it  be  adopted. 

The  report  was  concurred  in,  and  the  resolution  adopted the  re- 
port was  not  concurred  in,  and  the  resolution  was  lost,  or  Aid,  H. 
~moved  that  the  report  he  referred  hack  to  the  committee  for  reconsid- 
eration. The  motion  prevailed^ 


3.  ELECTIONS. 

Section.  Section. 

942.  Petition  to  submit  to  vote  the  ques-  947.  Record  entry  of  votes  cast. 

tion  of  minority  representation.  948.  Notice  to  person  elected  to  office. 

943.  Record  entry  of  submission  to  vote.  949.  Notice  of  special  election  to  fill  va- 

944.  Notice  of  annual  election.  cancy. 

945.  Oath  of  judges  and  clerks  of  election.  950.  Appointment  of  judges  of  election, 

946.  Judges’  return  of  votes  cast  there  being  no  quorum  in  office. 

942.  Petition  to  submit  to  vote  the  question  of  minority  repre- 
sentation.] 

To  the  Honorable  the  city  council  of : 

The  undersigned,  legal  voters  of  the  city  of , equal  in  number  to 

one-eighth  the  number  of  legal  votes  cast  at  the  next  preceding  general 
city  election  in  said  city,  respectfully  petition  that  your  honorable  body 
shall  cause  the  question  of  minority  representation,  in  the  city  council, 
to  be  submitted  to  the  legal  voters  of  said  city,  in  accordance  with  the 
provisions  of  section  six  (6)  of  article  four  (4)  of  an  act  to  provide  for 
the  incorporation  of  cities  and  villages  and  its  amendment,  by  act  ap- 
proved April  11,  1883. 

1.  The  statute  provides  that  the  election  according  to  minority  representation  be 
submitted  — of  the  force  of  the  statute  itself  — at  the  time  of  the  vote  had,  on  organi- 
zation under  the  general  law.  Therefore,  an  election  to  determine  the  question  of 
becoming  incorporated  under  this  statute  is  not  invalid  by  reason  of  the  failure  of  the 
civic  authorities,  in  the  ordinance  calling  such  election,  or  in  the  notices  thereof,  to 
submit,  at  the  same  time,  the  question  of  minority  representation;  Chicago  ».  People, 
80  111.,  496.  A petition  for  a new  vote  on  that  question,  if  it  be  desired  again  to  be 
submitted,  seems  to  be  required  as  the  only  means  of  giving  jurisdiction  to  any  tri- 
bunal. 

943.  Record  entry  of  submission,  to  vote,  of  the  question  of 
minority  representation.] 

AVhereas,  a petition  of  legal  voters  of  the  city  of  , equal  in 

number  to  one-eighth  the  number  of  legal  votes  east  at  the  next  pre- 
ceding general  city  election  in  said  city,  has  been  presented  to  the  city 
council,  praying  that  this  council  shall  cause  the  question  of  minority 
representation  in  the  city  council,  to  be  submitted  to  the  legal  voters 
of  said  city,  in  accordance  with  the  provisions  of  section  six  (6)  of 
article  four  (4)  of  an  act  to  provide  for  the  incorporation  of  cities  and 
villages  and  its  amendment,  by  act  approved  April  11,  1883  ; and, 


418 


Forms  and  Precedents. 


Whereas,  it  is  made  to  aj)pear  unto  this  council  that  no  such  ques- 
tion of  representation  lias  been  submitted  within  the  period  of  two 
y(‘iirs  ; therefore,  it  is 

Ordered  that  such  question  he  and  tlie  same  is,  hereby,  submitted  to 

the  le^al  voters  of  the  city  of , to  be  voted  on  by  the  voters  thereof 

at  the  next  general  election,  to  be  held  on  the  — day  of , 1 8 — . 

944.  Notice  of  annual  election.] 

Notice  is,  hereby,  given  that  on  — day,  the  — of , 18  — ,at [set 

forth  the  places  of  holding  the  election^  giving  the  wards  and  precincts 

hy  their  numbers']  in  the  city  of , an  election  will  be  held  for  [state 

the  title  of  the  several  officers  to  he  elected]^  that  the  polls  will  be  opened 
at  eight  (8)  o’clock,  a.  m.,  and  remain  open  until  seven  (7)  o’clock,  p.  m. 

Dated  this,  the  — day  of , 18 — . 

C.  D.,  City  Clerk. 

1.  See  § 59,  as  to  the  naming  of  place  of  election  and  notice. 

2-  See  49,  50,  as  to  the  time  of  the  annual  election. 

3.  See  § 51,  as  to  the  time  of  opening  and  closing  polls. 

945.  Oath  of  judges  and  clerks  of  election,  under  the  general 
law  as  to  elections.] 

I do  solemnly  swear  [or  affirm]  that  I will  support  the  constitution 
of  the  United  States  and  the  constitution  of  the  state  of  Illinois, 
and,  that  I will  faithfully  discharge  the  duties  of  the  office  of  judge  of 
election  [or  clerh]  according  to  the  best  of  my  ability. 

1.  See  § 60,  prescribing  that  elections  shall  be  conducted  under  the  general  laws 
of  the  state. 

2.  See  § 379,  for  form  of  oath  required  in  cities  and  villages  which  have  adopted 
or  shall  adopt  the  statute  of  June  19,  1885. 

946.  Judges’  return  of  votes  cast.] 

At  an  election  held  at  [state  the  place ^ the  precinct  hy  number  and  the 

ward  hy  number]  in  the  city  [or  village]  of , in  the  state  of  Illinois, 

on  the  — day  of , in  the  year  of  our  Lord  one  thousand 'hun- 
dred and , the  following  named  persons  received  the  number  of 

votes  annexed  to  their  respective  names,  for  the  following  described 
offices,  to  wit : 

[Name  the  candidate]  had  [number  of]  votes  for  [title  of  office]  [and 
in  the  same  manner  for  every  other  person  voted  fori] 

Certified  by  us, 

A.  B.  1 

C.  D.  > Judges  of  Election. 
Attest : E.  F.  ) 

j^‘  I Clerks  of  Election. 

1.  Form  prescribed  by  statute  of  April  3.  1872. 

2.  See  ^ 435,  as  to  returns  to  be  made  if  the  statute  of  June  19,  1885,  be  adopted. 


Elections.  411) 

947.  Record  entry  of  canvass  of  votes  cast,  at  city  or  village 
election.] 

The  following  is  a statement  of  the  examination  and  canvass  of  the 
returns  of  the  ballots  cast,  made,  pursuant  to  law,  by  the  judges,  at  an 

election  held  in  the  city  {or  village  of , in  the  state  of  Illinois,  on 

the  — day  of , 18 — . It  appears,  therefrom,  that  the  following 

named  persons  received  the  number  of  votes  set  opposite  their  respective 
names,  as  follows,  to-wit : 

A.  13.  received  — votes,  for 

C.  D.  received votes,  for 

[Completing  the  list  of  persons  voted  for^  as  the  facts  aref\ 

It  is,  thereupon,  declared,  as  the  result  of  said  election,  that  A.  B., 

having  received  the  highest  number  of  votes  for  the  office  of is 

duly  elected  to  said  office. 

[In  like  manner  state  the  result  as  to  each  office  voted  for 
1.  See  §§  440-6,  as  to  the  canvass  of  returns  under  the  statute  of  June  19,  1885. 

948.  Notice  to  person  elected  to  office.] 

City  of 

To  E.  F. : 

You  are,  hereby,  notified  that  at  the  election  held  in  the  city  of , 

on  the  — day  of , 18 — , you  were  elected  to  the  office  of 

Dated  this  the  — day  of , 18 — . 

C.  D.,  City  Clerk. 

1.  See  § 62,  as  to  the  obligation  to  notify. 

949.  Notice  of  special  election  to  fill  vacancies,  when  no 
quorum  in  office  of  the  city  council  or  board  of  trustees.] 

Notice  is,  hereby,  given  that,  by  reason  of  vacancies  which  have 
occurred  in  the  offices  of  aldermen  in  the  following  wards  of  the  city 

of  , to  wit : [set  forth  the  wards,  hy  number,  in  which  vacancies 

exist  and  the  number  of  such  vacancies  in  each  ward\  [or  in  the  office 

of  trustees  in  the  village  of ],  so  that  there  is  not  a quorum  in 

office  of  the  city  council  [or  board  of  trustee^  : Now,  therefore,  the 
undersigned,  the  mayor  of  said  city  [or  president  of  the  said  board  of 

trustees^  has  appointed  the  — day  of  , 18 — , as  the  time  at  which 

a special  election  will  be  held,  in  said  city,  to  fill  the  vacancies  afore- 
said, in  the  wards  and  at  the  places  following,  to  wit : 

In  the ward  of  said  city  at , for  the  election  of aider- 

man  [set  forth  in  like  manner  as  to  all  existing  vacancies  in  the  office\ 
Given  under  my  hand  this  — day  of , 18—. 

[Signaturef\ 

1.  See  § 63,  as  to  the  manner  of  signing  and  as  to  the  officers  who  may  act  in  the 
premises.  It  seems  to  be  obvious  that  the  intention  of  the  statute  is  that  but  one 
person  shall  acf.  and  that  he  shall  act  only  in  the  order  in  which  his  office  is  named, 
upon  the  neglect  or  refusal  of  the  persons  named  before  him  to  act. 


420 


Forms  and  Precedents. 


950.  Appointment  of  judges  of  election  there  being  no  quorum 
of  city  council,  or  board  of  trustees,  in  office.] 

State  of  Illinois,  I 

City  of , (“'■ 

To : 

Whereas,  by  reason  of  vacancies  which  have  occurred  in  the  offices 

of  aldermen  in  the  following  wards  of  the  city  of  , to  wit : [set 

forth  the  wards^  hy  numhers^  in  which  vacancies  exist  and  the  number 
of  such  vacancies  in  each  ward]^  [or  in  the  offices  of  trustees  of  the 

village  of ],  so  that  there  is  not  a quorum  in  office  of  the  city 

council  [or  hoard  of  trustees'] : Now,  therefore,  the  undersigned,  the 
mayor  of  said  city  [or  the  president  of  the  'board  of  trustees  of  said 

village  has  appointed  the  — day  of , 18 — , as  the  time  at  which 

a special  election  will  be  held,  in  said  city  [or  village]  to  fill  the  several 

vacancies  aforesaid,  and  does,  hereby,  appoint  you,  the  above  named 

, as  judges  of  election  to  be  held  in  the ward  of  said 

city  [or^  in  the  said  village]^  which  election  is  appointed  to  be  held 
at , in  said  ward. 

Given  under  my  hand  this  the  — day  of  ' , 18 — . 

1.  See  note  1 to  the  last  preceding  section. 


4.  ENFOECEMENT  OF  PENALTIES — LICENSES. 


Section. 

951.  Clerk’s  certificate  in  proof  of  ordi- 

nance. 

952.  Summons,  for  violation  of  ordinance. 

953.  Affidavit  and  complaint,  for  arrest. 

954.  Warrant  for  arrest. 

955.  Indorsement  of  special  bail. 

956.  Warrant  for  disorderly  conduct. 

957.  Complaint  and  affidavit  for  disor- 

derly conduct. 

958.  Warrant,  for  arrest. 

959.  Judgment. 


Section  . 

960.  Mittimus. 

961.  Bond,  for  business  license. 

962.  Grocery  bond. 

963.  Saloon  bond. 

964.  License,  as  to  vocation. 

965.  License,  as  to  amusements. 

966.  Permit  to  druggist  to  vend  liquors. 

967.  License  to  porter  or  runner. 

968.  License  to  saloon  or  grocery. 

969.  License  to  keep  and  use  for  hire. 


951.  Clerk’s  certificate  in  proof  of  ordinance.] 

State  of  Illinois,  ] 

n f ss» 

of , i 

I,  , clerk  of  said  city  [w  village]  of , do  hereby  certify 

that  the  foregoing  [or  annexed]  is  a true  and  correct  copy  of  the 
original  ordinance,  entitled  “ an  ordinance  ” etc.,  now  in  my  custody 
and  remaining  in  my  office  as  clerk  aforesaid ; and,  that  the  same  is  a 
true  and  correct  copy  of  the  record  of  said  ordinance,  as  the  same  ap- 
pears recorded  by  the  clerk  of  said  city  [or  village]  in  a book  kept  for 


Enforcement  of  Penalties  — Licenses.  421 

that  purpose  in  pursuance  of  law  and  which  book  is  in  my  custody  as 
said  clerk  and  remains  in  my  office  as  sucli  clerk. 

In  witness  whereof  I have  hereunto  set  my  hand  and  affixed  the 

[l.  s.]  corporate  seal  of  said  city  [or  village]  of , this  — day 

of 5 18 — . 

, City  Clerk. 

1.  See  ^ §9,  as  to  the  requirement  that  the  city  clerk  shall  keep  a book  for  the 
purpose  and  record  all  ordinances  therein. 

2.  Public  officers,  having  lawful  custod}'  of  books,  records  or  journals,  may 
authenticate,  by  certificate,  a copy  of  any  extract  from  such  record.  Such  certificate 
is  competent  evidence  that  the  copy  is  correct  and  such  copy  is  evidence  of  the  con- 
tents of  the  record;  People  v.  Lee,  112  111.,  121. 

3.  To  make  a certified  copy  of  entries  of  record  admissible  in  evidence  the  clerk’s 
certificate  should  show  it  to  be  a true  copy  of  the  originals,  as  entered  in  such  record; 
People  V.  Lee,  112  111.,  121. 

952.  Summons,  for  violation  of  ordinance.] 

State  of  Illinois,  ) 

County  of , > ss. : 

City  of •,  ) 

The  people  of  the  state  of  Illinois,  to  the  city  marshal  of  the  city  of  - 
, or  any  constable  of  said  county: 

You  are,  hereby,  commanded  to  summon to  appear  before  me, 

at  my  office  in  said  city  [or  milage^  of  , on  the  — day  of 

, 18 — , at o’clock,  — . M.,  to  answer  a certain  demand,  not 

exceeding  two  hundred  dollars,  of  the  said  city  [or  milage]  against 

him,  of  the  nature  of  a penalty,  for  the  violation  of  section of  an 

ordinance  [identify  if]  of  said  city  [or  village],  by  [state  the  offense 
charged]  ; and  thereof  make  due  i*eturn,  as  the  law  directs. 

Given  under  my  hand  this  — day  of , 18  — . 

[Signature  of  justice  of  the  peace  or  police 
magistrate^  with  title  of  office.] 

953.  Affidavit  and  complaint  for  arrest.] 

State  of  Illinois, 

County  of , 

City  oj , 

I, , coinplainant,  do  solemnly  swear  that  an  ordinance  of  the 

city  [or  village]  of , the  said  ordinance  being  known  as  [identify 

it  hy  title.,  number  and  section]  has  been  violated,  within  the  city 

[or  milage]  of , [or  within  the  territorial  jurisdiction  of  the  city 

or  village  of , if  the  offense  shall  have  been  committed  beyond  the 

limits  but  is  within  the  jurisdiction]  by  [state  the  particular  breach], 

between  noon  of  the  — day  of , 18  — , and  noon  of  the 

day  of , 18 — , and  I further,  under  oath,  say  that  I have  reason- 

able grounds  to  believe  that  a certain  person  known  to  me  by  the 
name  of , is  guilty  thereof;  Wherefore,  I, , pray  that  a war- 

rant be  issued  for  the  arrest  of  said  person. 


•,  Complainant. 


FuKMS  and  PltECiiDENTb. 


4‘>9 

954.  Warrant  for  arrest.] 

State  of  Illinois,  ) 

County  of , J- 

City  of , ) 

1, , a , [title  of  office,  showing  authority  to  administer 

oaths']  of  said  city  [or  milage],  do,  hereby,  certify  tliat  the  above  com- 
])laiiit  was  duly  subscrilied  and  sworn  to  before  me  by  the  complainant, 

therein  named,  at  the  city  [or  milage]  aforesaid,  this  — day  of , 

18 — . Now,  this  is  to  command  you  to  arrest  and  bring  the  body  of 

said , forthwith,  before  me,  at  my  office,  at  , unless  special 

bail  be  entered  on  the  back  of  this  warrant  signed  by  one  or  more  re- 
sponsible sureties,  for  tlie  full  amount  of  the  demand  of  said  city  [or 
milage]  indorsed  hereon  ; and,  if  such  bail  be  entered,  you  will  then 

command  him,  the  said , to  appear  before  me,  at  my  office  in  said 

city,  on  the  — day  of  , 18  — , at  — o’clock,  — . m.,  to  answer  a 

certain  demand  of  said  city  [or  village  against  him,  of  the  nature  of  a 
penalty,  not  exceeding  two  hundred  dollars,  for  the  violation  of  the 
ordinance  aforesaid,  and  hereof  make  due  return  as  the  law  directs. 

Given  under  my  hand  and  seal  this  — day  of , 18  — . 

[Signature,  by  name  and  title  of  ojftce.]  [seal.] 

955.  Indorsement  of  special  bail] 

I,  , acknowledge  myself  special  bail  for  the  within  named . 

Witness  my  hand,  this  — day  of , a.  d.,  18 — . 

956.  Warrant  for  disorderly  conduct.] 

State  of  Illinois,  1 

County  of , y ss. 

City  of , ) 

In  justice’s  court  [or  police  courf],  city  [or  village]  of . 

The  people  of  the  state  of  Illinois,  to  the  city  [or  village  marshal, 
or  to  any  constable  of  said  city  [or  village]  or  county,  or  any  member 
of  the  police  force  of  the  city  of , greeting  : 

You  are  hereby  commanded  to  take  the  body  of , and  bring 

him,  forthwith,  before  me,  at  my  office,  at , in  said  city  [or  village] 

to  answer  to  the  complaint  of  the  city  [or  village],  on  a plea  of  debt,  for 
failure  to  pay  said  city  [or  village  a certain  demand,  not  exceeding  two 
hundred  dollars,  for  a violation  of  an  ordinance  of  said  city. 

[Signature,  by  name  and  title  of  office.] 

957.  Complaint  and  affidavit  for  disorderly  conduct.] 

State  of  Illinois, 

County  of , 

City  of , 

The  affidavit  and  complaint  of , taken  this  — day  of  , 

A.  D.  18 — , before  the  undersigned,  justice  of  the  peace  of  said  county 


Enforcement  of  Penalties  — Licenses. 


423 


[or  police  /nagistrale]  in  and  for  said  city  [or  milage^;  said  complainant 

being  sworn  says,  that , on  or  about  the  — day  of  October,  a.  d. 

18  — , made  an  improper  noise,  riot,  disturbance,  breach  of  the  peace 
and  diversion  tending  to  a breach  of  the  peace,  within  tlie  jurisdiction 

of  said  city  [or  village']  in  violation  of  section , of  an  ordinance  of 

said  city  [or  village]^  entitled  “An  ordinance’’  etc.  [identify  the  ordi- 
nance]. 

[Signature  of  complainant?^ 

Subscribed  and  sworn  to  before  me,  ) 
the  day  and  year  first  above  written,  j 

, Justice  of  the  Peace. 


958.  Warrant  for  arrest.] 


State  of  Illinois,  \ 

County  of , > ss. 

City  of , f 

The  people  of  the  state  of  Illinois,  to  the  city  marshal  of  the  city  \or 
village]  of , or  any  constable  of  said  county,  greeting  : 

Whereas,  there  has  been  filed  with  me,  the  undersigned,  justice  of 
the  peace,  [or  police  magistrate^  a complaint  signed  and  sworn  to  by 

one , wherein  he  alleges  that  an  ordinance  of  the  city  [or  village] 

of , being  known  as  [identify  the  ordinance  as  in  the  complaint] 

has  been  violated  within  the  jurisdiction  of  the  said  city  [or  village]., 
by  [state  the  particular  breach,  as  assigned  in  the  complaint],  be- 
tween noon  of  the  — day  of , 18  — , and  noon  of  the  — day  of , 

18 — , and  that  he  has  reasonable  grounds  to  believe  that  one is 

guilty  thereof,  entitled,  “An  ordinance  ” etc.  [identify  the  ordinance 
and  section]  to  wit : for  making  an  improper  noise,  riot,  disturbance, 
breach  of  the  peace  and  diversion  tending  to  a breach  of  the  peace  in 

said  city  [or  village],  in  violation  of  section of  said  ordinance ; 

and  hereof  make  due  return  as  the  law  directs. 

Given,  under  my  hand  and  seal,  this  — day  of , a.  d.  18  — . 

, [l.  8.] 

[with  title  of  office.] 

959.  Judgment.] 


Cit}  of  plaintiff,  ) violation  of  section of  ordi- 

, defendant.  j nance  . 

[ Recite  the  proceedings  as  they  shall  have  occurred  and  conclude] 
after  evidence  heard  (and  upon  a verdict  found  by  a jury)  in  the  above 
entitled  cause,  it  is  adjudged  by  the  court  that  the  above  defendant 
pay  to  the  city  [or  village]  of , dollars  penalty  and  dol- 

lars costs  of  suit  and,  in  default  of  immediate  payment,  that  said  de- 
fendant be  committed  to  the  city  [or  village^  prison  or  other  safe  place 
of  custody  until  the  penalty  and  costs  aforesaid  are  paid,  or  said  de- 
fendant shall  be,  otherwise,  lawfully  discharged. 


Forms  and  Precedents. 


4:^4 

960.  Mittimus.] 

State  of  Illinois, 

County  of , V ss. 

City  of , ) 

The  peo)>le  of  the  state  of  Illinois,  to  the  city  [or  milage]  marshal 
and  warden  of  the  city  [o7'  village]  prison  of  the  city  \or  village]  of 

, or  any  constable  of  said  city  [or  village]  or  of  said  county,  or 

any  member  of  the  police  force  of  the  city  of , greeting: 

"Whereas,  on  the  — day  of  — — , 18 — , the  city  [or  village]  of  

recovered,  before  me,  a judgment  for  the  sum  of  dollars  penalty 

and dollars  costs  against , for  the  violation  of  section 

of  an 'ordinance  [identify  the  ordinance]^  of  said  city,  by  [set  forth  the 
specific  Offense]. 

Now,  this  is  to  command  you,  in  the  name  and  by  authority  of  said 

people,  to  demand  of  said  the  immediate  payment,  in  lawful 

money,  of  said  judgment,  for  penalty  and  costs  and,  upon  his  failure 
or  refusal  to  pay  the  same,  on  such  demand,  that  you  arrest  and  take 

the  body  of  said  and  him  deliver,  with  this  writ,  to  the  warden 

of  the  city  prison  aforesaid ; and,  we  command  you,  the  said  warden, 

to  receive  the  body  of  him,  the  said and  him  safely  keep  m the 

city  [or  village]  prison,  or  other  safe  place  of  custody  provided  by  the 
authority  of  said  city  [or  village]  twenty-four  hours  for  each  fifty  cents 
of  such  judgment  for  penalty  and  costs,  and  a proportionate  period  of 
time  thereafter  for  any  part  of  such  judgment  for  penalty  and  costs, 
less  than  fifty  cents  ; but,  not  for  a period  of  time  in  excess  of  six 
months;  unless  such  judgment  for  penalty  and  costs  be  sooner  satisfied 
or  the  said be  otherwise  lawfully  discharged;  and,  upon  such  dis- 

charge, you,  the  said  warden,  are,  hereby,  directed  to  make  due  return 
to  me  of  this  writ,  with  your  indorsement  thereon,  showing  the  period 
of  imprisonment  and  manner  of  discharge. 

Given  under  my  hand  this  — day  of , 18 — . 

[Signature.^  with  title  of  office.] 

1.  See  § 71  ; as  to  places  of  detention. 

961.  Bond,  for  business  license.] 

Know  all  men  by  these  presents,  that  we, , of  the  county  of 

and  state  of  Illinois,  are  held  and  firmly  bound  unto  the  city  of 

, in  the  penal  sum  of hundred  dollars,  for  the  payment  of 

which  sum  of  money,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  jointly  and  severally,  firmly 
by  these  presents. 

Sealed  with  our  seals,  and  dated  this  — day  of a.  d.,  18 — . 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  the 

above  bounden  has  obtained  permission  to  exercise  the  vocation 

of at street,  in  the  city  of , subject  to  revocation,  in  the 

discretion  of  the  mayor:  Now  if  the  said shall  well  and  faithfully 

perform  his  duties  in  his  said  vocation,  conforming,  in  all  respects,  to 


Enforcement  of  Penalties  — Licenses. 


425 


the  ordinances  of  tlie  said  city  of , in  such  case  made  and  provided, 

and  shall,  also,  immediately  upon  notice  of  revocation  of  this  license, 
by  the  mayor  (in  case  of  such  revocation),  cease  to  exercise  such  voca- 
tion of then  this  obligation  to  be  void;  otherwise  to  remain  in  full 

force  and  effect. 

[seal.] 

[seal.] 

State  of  Illinois,  ) [seal.] 

County  of , > 

City  oj’ . j 

In  the  matter  of  the  application  of for  a license, and 

who  offer  themselves  as  security  on  the  bond  of  said  applicant,  being 
severally  duly  sworn,  upon  their  oaths,  respectively,  say  that  he  is 
worth,  over  and  above  all  his  debts  and  liabilities,  of  every  nature 
and  kind,  in  property  not  exempt  by  the  laws  of  this  state  from  levy 

and  sale  on  execution,  the  sum  of hundred  dollars,  and  that  he  is 

a freeholder  in  said  county. 


Subscribed  and  sworn  to  before  me  ) 

this day  of , 18  . ) 

, Notary  Public. 

962.  Grocery  bond.] 

Know  all  men  by  these  presents,  that  we , of  the  county  of 

and  state  of  Illinois,  are  held  and  firmly  bound  unto  the  people 

of  the  state  of  Illinois,  in  the  penal  sum  of  $3,000,  for  the  payment 
of  which  sum,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors  and  administrators,  jointly  and  severall}^,  firmly  by  these 
presents. 

Sealed  with  our  seal,  and  dated  this  — day  of  , a.  d.  IS — . 

The  condition  of  this  obligation  is  such,  that  whereas  the  above 

bounden has  obtained  license  to  keep  a dramshop,  at  No. in 

said  city,  until , a.  d.  18 — . 

Now  if  the  said shall  well,  truly  and  promptly  pay,  or  cause  to 

be  paid,  all  damages  to  any  person  or  persons  which  may  be  inflicted 
upon  them,  either  in  person  or  property,  or  means  of  support,  by 
reason  of  his  or  their  selling  or  giving  away  intoxicating  liquors,  in  anv 
quantity,  to  be  drank  in,  on  or  about  the  building  or  premises  where 
sold,  or  to  be  drank  in  any  adjoining  room,  building  or  premises,  or 
other  place  of  public  resort  connected  with  said  building,  then  this 
obligation  to  be  void ; otherwise  to  remain  in  full  force  and  effect. 

7 [seal.] 

[seal.] 

[seal.] 

[seal.] 


Forms  and  Precedents 


963.  Saloon  bond.] 

Know  all  men  by  these  presents,  that  we as  principal — , and 

as  sureties  of  the  county  of  and  state  of  Jllinoib,  are  held 

and  firirdy  bound  unto  the  city  of  in  the  penal  sum  of  $500,  for 

the  })ayment  of  which  sum,  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  executors  and  administrators,  jointly  and  severally, 
lirmly  by  these  [)resents. 

Sealed  with  our  seals,  and  dated  this  — day  of , a.  d.  18 — . 

The  condition  of  this  obligation  is  such,  that,  whereas,  the  above 

bounden has  obtained  license  to  keep  a dram  shop,  until  , a. 

D.  18 — , at  Ko. in  said  city  : 

Now  if  the  said  shall  faithfully  observe  and  keep  all  ordinances, 

now  in  force  or  hereafter  to  be  passed,  dui-ing  the  period  of  such 
license;  and  shall  keep  closed  all  doors  opening  out  upon  any  street, 
from  the  bar  or  room,  where  such  liquors  are  sold,  on  Sunday,  and  that 
all  windows  opening  upon  any  street,  from  such  bar  or  room  where 
such  liquors  are  sold,  shall  be  provided  with  blinds,  shutters  or  curtains 
on  Sunday,  so  as  to  obstruct  the  view  from  such  street  in  to  such  rooms ; 
and  shall  prevent  all  playing  for  money,  liquor,  or  any  article  or  thing 
upon  any  table  of  any  kind,  or  with  cards  or  dice,  or  with  pigeon  holes, 
or  upon  or  with  any  article  or  thing,  whatever,  and  shall  not  keep  any 
billiard  table  on  or  about  the  said  premises  without  paying  to  said 
city  the  proper  license  or  penalty  therefor,  whether  in  actual  use  or 
not ; and  shall  not  keep  any  ball  alley,  or  pin  alley  on  or  about  the 
])remises  without  paying  to  said  city  the  proper  license  or  penalty 
therefor,  whether  in  actual  use  or  not,  and  shall  allow  no  vagrant,  no 
keeper  of  a house  of  ill  fame,  no  prostitute,  no  drunken  or  disorderly 
person,  in  or  about  the  premises;  and  shall  allow  no  concert,  exhibition, 
ball,  dance  or  play  to  be  given  or  performed  in  the  same  room  where 
the  liquors  are  sold,  and  shall,  also,  immediately  upon  a notice  of  revo- 
cation of  this  license  b}’  the  mayor  (in  case  of  such  revocation)  cease  to 
keep  such  premises  open,  and  shall  not  sell,  give  away,  or  in  any  man- 
ner deal  in,  by  himself,  servant  or  any  other  persons,  any  such  liquor, 
after  notice  of  said  revocation  is  left  at  the  bar;  and  in  case  said  licensee 
shall  sell  and  convey  said  premises,  said  purchaser  shall  well  and  faith- 
fully observe  and  perform  all  requirements  upon  said  license,  by  the 
conditions  of  this  bond  and  the  ordinance  of  said  city,  until  such  time 
as  said  license  shall  be  legally  transferred  upon  the  books  of  the  city, 
then  this  obligation  to  be  void ; otherwise  to  be  and  remain  in  full  force 
and  effect. 

[seal.] 

[seal.] 

[seal.] 

[seal.] 


Approved : 


, Mayor. 


Enforcement  of  Penalties  — Licenses. 


427, 


964.  License,  as  to  vocation.] 

By  autliority  of  the  city  of  , permission  is  hereoy  given 

[or  to  keep  for  hire']  — at  IN^o. street,  in  said  city,  until  the 

— day  of  next,  sid)ject  to  the  provisions  of  all  the  ordinances 

now  in  force,  and  that  may  hereafter  be  passed  by  said  city  relating  to 
said  vocation. 

/Phis  license  may  be  revoked  by  the  mayor  at  any  time,  at  his  dis- 
cretion. 

Witness,  the  band  of  the  mayor  of  said  city,  and  the  corporate  seal 

[l.  s.]  thereof,  this  — day  of , 18 — . 

— , Mayor. 

Attest: , City  Clerk. 

965.  License  as  to  amusements.] 

Permission  is  hereby  given , at in  said  city,  to  give  enter- 
tainments of  the  class,  for  the  period  of from  the  date 

hereof. 

Provided,  that  no  gaming,  raffle,  lottery,  or  chance  distribution  of 
money  or  articles  of  value  shall  be  connected  therewith,  or  allowed  by 
the  person  obtaining  this  license,  or  in  any  wise  permitted  or  held  out 
as  an  inducement  to  visitors. 

This  license  is  subject  to  all  ordinances  now  in  force,  or  which  may 
hereafter  be  passed,  concerning  entertainments,  and  may  be  revoked  by 
the  mayor  at  any  time,  at  his  discretion. 

Witness,  the  hand  of  the  mayor  of  said  city,  and  the  corporate  seal 
[l.  s.]  thereof,  this  — day  of , 18 — . 

, Mayor. 

Attest: , City  Clerk. 

966.  Permit  to  druggist  to  vend  liquors.] 

Permission  is  hereby  given , keeping  what  is  commonly  known 

as  a drug  store  at  No. street  in  said  city  to  sell  and  give  away  or 

deal  in  vinous,  spirituous,  ardent  or  fermented  liquors  for  medical, 
mechanical,  sacramental  or  chemical  purposes,  only,  not 'to  be  drank 

upon  the  premises,  or  in  any  such  store,  until  the  — day  of next, 

subject  to  the  provisions  of  all  the  ordinances  now  in  force  and  that  may 
hereafter  be  passed  by  said  city  relating  to  said  vocation.  This  license 
may  be  revoked  by  the  mayor  at  any  time  at  his  discretion. 

Witness  the  hand  of  the  mayor  of  said  city  and  the  corporate  seal 
[l.  s.]  thereof  this  — day  of 18 — . 

, Mayor. 

Attest:  , City  Clerk. 

967.  License  to  porter  or  runner.] 

Permission  is  hereby  given to  employ as  a public  porter 

or  runner,  for in  said  city,  until  the  — day  of next;  said 


J28 


Forms  and  Precedents. 


])orter  or  runner  to  wear  a badge  numbered , subject  nevertheless 

to  a faitliful  observance  on  tlie  part  of  said  etnjdoyer,  and  said  porter 
or  runner,  of  all  the  ordinances  of  said  city  now  in  force  and  which 
may  hereafter  be  passed  relating  thereto.  This  license  is  subject  to 
revocation  by  the  mayor  at  any  time,  at  his  discretion. 

Witness,  the  hand  of  the  mayor  of  said  city,  and  the  corporate  seal 
[l.  s.]  thereof,  this  — day  of , 18 — . 

, Mayor. 

Attest : , City  Clerk. 

968.  License  for  saloon.] 

License  is  hereby  given  to to  keep  a saloon  or  grocery,  at , 

in  the  city  of , and  to  sell,  barter,  give  away,  or  deliver  wines  and 

other  liquors,  whether  malt,  vinous,  or  spirituous,  in  quantities  less 
than  one  gallon  in  the  place  above  designated,  from  the  date  hereof  un- 
til the  — day  of , 18 — , bonds  having  been  filed  pursuant  to  the 

laws  of  the  state  of  Illinois,  and  the  ordinances  of  the  city  of , in 

'such  cases  made  and  provided,  to  be  subject  to  such  ordinances  of  the 

said  city  of ' as  now  or  hereafter  may  be  in  force,  and  the  laws  of 

said  state,  now  or  hereafter  in  force,  in  regard  to  the  sale  of  wines  and 
liquors.  No  vagrant,  no  keeper  of  house  of  ill  fame,  no  prostitute,  no 
drunken  or  disorderly  person  shall  be  allowed  in  or  about  the  premises ; 
nor  shall  the  premises  be  kept  open  on  any  days  of  election.  No  con- 
cert, exhibition,  ball,  dance  or  play  shall  be  given  or  performed  in  the 
same  room  where  the  liquors  are  sold.  No  playing  for  money,  liquor, 
or  any  thing  else,  upon  any  table  of  any  kind,  or  with  cards  or  dice 
(or  pigeon  holes),  or  upon  or  wdth  any  articles  or  thing  whatever  shall 
be  allowed.  In  case  said  licensee  shall  sell  or  convey  said  premises,  he 
and  his  sureties  shall  be  holden  for  a faithful  and  exact  observance  of 
all  the  conditions  of  the  bonds  accompanying  this  license,  until  any 
transfer  made  of  it  shall  be  duly  recorded  on  the  books  of  the  city. 
Nevertheless,  this  license,  with  all  the  rights  under  it,  is  subject  to  revo- 
cation at  the  discretion  of  the  mayor,  and  this  license,  with  all  the 
rights  under  it,  shall  terminate  absolutely  upon  the  notice  of  said  revo- 
cation being  left  at  the  bar,  and  the  person  to  whom  it  is  issued  shall 
stand  in  the  same  position  as  if  he  had  not  taken  out  any  license. 

Given  under  the  hand  of  the  mayor  of  said  city  and  the  corporate 
[l.  s.]  seal  thereof,  this  — day  of  — : — , a.  d.  18 — . 

Mayor. 

Attest: , City  Clerk. 

969.  License  for  vehicles.] 

Permission  is  hereby  given to  keep  and  use  for  hire,  within 

the  city  of  , a coupe  \designate  the  vehicle  by  class  ; as,  express 

wagon,  etc.'],  drawn  by  one  horse,  and  numbered , from  the  date 

hereof,  until  the  — day  of  next,  subject  nevertheless  to  revoca- 

tion in  the  discretion  of  the  mayor,  as  provided  under  the  ordinances 


Officers.  429 

of  said  city.  This  license  to  terminate  absolutely  upon  notice  of  revo- 
cation by  the  mayor. 

Witness,  the  hand  of  the  mayor  of  said  city,  and  the  corporate  seal 

[l.  s,]  thereof,  this  — day  of , 18 — . 

, Mayor. 

Attest: , City  Clerk. 

5.  OFFICERS. 

Section.  Section  . 

970.  Ordinance  fixing  the  amount  of  oflS-  973.  Certificate  of  election  of  clerk. 

cial  bonds.  974.  Notice  of  successor  in  office  to  de- 

971.  Official  bond  of  city  officer.  liver  over. 

972.  Commission,  or  warrant,  of  officer. 

970.  Ordinance  fixing  the  amount  of  official  bonds.] 

Be  it  ordained  by  the  city  council  \or  president  and  hoard  of 

trustees]  of  the  city  [or  the  milage]  of : 

Section  1.  The  penal  sum  of  the  official  bonds  of  the  following  offi- 
cers shall  be  and  the  same  is,  hereby,  fixed  at  the  following  amounts : 

That  of  mayor  at  the  sum  of dollars. 

That  of  city  clerk  at  the  sum  of dollars.  . . 

That  of  city  attorney  at  the  sum  of dollars. 

That  of  city  treasurer  at  the  sum  of dollars. 

[In  like  manner  as  to  each  officer^  to  he  included  in  and  affected 
hy  the  ordinance.] 

971.  Official  bond  of  city  officer.] 

Know  all  men,  by  these  presents,  that  we,  A.  B.,  as  principal,  and 
Y.  Z.  and  M.  N.,  as  surety,  are  held  and  firmly  bound  unto  the  city 

[or  village]  of , in  the  sum  of ($ ) dollars,  which  well 

and  truly  to  be  paid,  we  bind  ourselves,  our  heirs,  executors  and  ad- 
ministrators, and  each  of  them,  firmly  by  these  presents.  Sealed  with 

our  seals  and  dated  this  — day  of , 18  — . 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  above 

A.  B.  has  been  elected  [or  appointed]  to  the  office  of , in  and  for 

the  said  city  [or  village]  of : 

Now,  therefore,  if  the  said  A.  B.  shall  faithfully  perform  the  duties 
of  said  office  and  shall  pay  over  all  money  received  by  him  as  such 
officer,  according  to  law  and  the  ordinances  of  such  city  [or  village], 
then  this  obligation  is  to  be  void  ; otherwise  to  remain  in  full  force  and 
effect. 

A.  B.  [l.  s.] 

Y.  Z.  [l.  s.] 

M.  N.  [l.  s.] 

1.  See  § 654,  providing  that  all  official  bonds  shall  be  acknowledged,  in  due  form, 
by  the  obligors  therein,  also  for  the  form  of  the  certificate  of  acknowledgment. 


Forms  and  I’ltECKDENTS. 


972.  Commission,  or  warrant,  of  officer.] 


,96‘. 


State  of  Illinois, 
of . 

To  all  to  whom  these  ])resents  shall  come,  greeting  : 

Know  ye  that  A.  B.,  having  been,  on  the  — day  of , 18  — , 

duly  elected  \or  a2>pointed]  as  [set  forth  the  title  of  ojjice\  in  and  for 

the  said  city  [or  village]  of , and,  having  taken  the  oath  of  office 

and  given  bonds  as  required,  he  is,  hereby,  commissioned  to  act  in  and 

exercise  the  authority  of  said  office  until  the  — day  of , 18 — , and 

until  his  successor  shall  be  elected  [or  appointed]  and  qualilied. 

In  witness  whereof  this  warrant  is  signed  by  the  clerk  and  mayor  of 
said  city  [or  president  of  the  hoard  of  trustees  of  said  vil- 
[l.  6.]  lage]  and  the  corporate  seal  tliereof  is  hereunto  affixed,  this 
— day  of , 18 — . 

[Signatures  in  the  order  named.] 

1.  See  §83. 

973.  Certificate  of  election  of  clerk.] 

State  or  Illinois,  ) 

City  of . 

I, , mayor  of  said  city  [or president  of  the  hoard  of  trustees  of 

the  village  of] , do,  hereby,  certify  that was,  on  the  — day  of 

, 18 — , duly  elected  to  the  office  of  city  [or  village]  clerk  of  said 

city  [or  village]^  and,  having  taken  the  oath  of  office  and  given  bond 
as  required,  he  is  entitled  to  act  in  and  exercise  the  authority  of  said 

office,  until  the  — day  of , 18 — , and  until  his  successor  shall  be 

elected  and  qualified. 

In  witness  whereof  I have  hereunto  set  my  hand  and  affixed  the  cor- 

[l.  s.]  porate  seal  of  said  city  [or  village]  of , this  the  — day 

of , 18—. 


[Signature  hy  mayor  or  president  of  hoard  of  trustees.] 


1.  See  § 83. 


974.  Notice  of  successor  in  office  to  deliver  over.] 


ss. 


State  of  Illinois,  \ 

City  of . f 

To , formerly  [set  forth  the  title  of  office]  of  said  city  [or  village] 


of 


You  are,  hereby,  notified  that  I, , having  been  elected  [or  ap- 

pointed] to  the  office  of  [state  the  office  hy  its  title]^  as  your  successor, 
and  having  duly  qualified  and  been  commissioned  as  such,  do  request 
that  you  deliver  to  me,  as  such  successor,  all  property,  books  and  effects, 
of  every  description,  in  your  possession  belonging  to  the  city  [or  vil- 
lage], or  appertaining  to  said  office  of . 

Dated  this  — day  of , 18 — . 

[Signature  vnth  official  title.] 


Finance. 


431 


6.  FINANCE. 


Section.  Section. 

975.  Ordinance  designating  the  fiscal  year.  978.  Warrant,  drawn  on  treasurer. 

976.  Appropriation  ordinance.  979.  Ordinance  for  levy  etc.  of  tax. 

977.  Treasurer’s  annual  report. 

975.  Ordinance  designating  the  fiscal  year.] 

Be  it  ordained  by  the  city  council  of  the  city  \or  'president  and 

hoard  of  trustees  of  the  vUlage\  of : 

Section  1.  The  fiscal  year  of  the  city  \or  village\  of shall  com- 
mence on  the day  of of  each  year. 

1.  See  § 99;  establishing  a fiscal  year;  hut,  allowing  a change  thereof  by  ordi- 
nance. 

976.  Appropriation  ordinance.] 

An  ordinance  making  appropriations  for  corporate  purposes,  for  the 
fiscal  year,  from ,18 — , to , 18 — .] 


Be  it  ordained  by  the  city  council  of  the  city  of . 

Section  1.  That  the  following  sums,  or  so  much  thereof  as  may  be 
authorized  by  law,  be  and  the  same  are,  hereby,  appropriated  for  cor- 
porate purposes  of  the  city  of , as  hereinafter  specified,  for  the 

fiscal  year,  commencing , 18 — , and  ending , 18 — . 

Building  inspection  department $ 

City  cemetery $ 

City  clerk’s  office $ 

City  hall  fund $ 

Contingent  fund $ 

Cost,  collecting  city  taxes $ 

Department  of  public  works $ 

special  assessment  department $ 

public  buildings $ 

salaries $ 

Election  expenses $ 

Fire  department $ 

General  sinking  fund $ 

Health  department $ 

House  of  correction $ 

Interest  account $ 

Judgment  account $ 

Legal  expenses S 

Police  department • $ 

Public  library $ 

Salaries $ 

Sewerage  fund $ 


432  FoitMs  AND  Precedents. 

Special  assessments  of  city  property $■ 

Street  lamp  fund $■ 

Grand  total $ 


§ 2.  All  unexpended  balances  of  any  item  or  items  of  any  general 
appropriation  made  by  this  ordinance  may  be  expended  in  making  up 
any  insufficiency  in  any  item  or  items  in  the  same  general  appropri- 
ation and  foi*  the  same  general  purpose,  or  in  a like  appropriation  made 
by  this  ordinance. 

1.  See  § 100.  The  specification  of  the  particular  items  of  expenditure  to  which 


the  approi)riation  is  devoted  is,  perhaps,  usually  stated.  Such  is  the  seeming  intent 
of  the  statute;  as  thus: 

Cost,  collecting  city  taxes: 

For  expenses  of  collecting  city  taxes  of  , and  prior  years  and  for 

copying  delinquent  lists $ 

Add per  cent.,  for  probable  deficiency,  arising  in  the  collection  of 

this  appropriation $ $ 

977.  City  Treasurer’s  annual  report.] 

To  the  mayor  and  aldermen  of  the  city  of  , in  city  council  as- 

sembled : 

The  undersigned,  in  compliance  with  section  10  of  article  7 of  the 
city  charter,  respectfully  submits  his  annual  report  of  all  receipts  and 

expenditures  during  the  fiscal  year  ending , 18 — , and  the 

state  of  the  treasury  at  the  close  of  that  year. 

Keceipts. 

Balance  in  treasury, , 18 — $— 

General  taxes,  18 — $ 

Special  assessment  and  deposit  fund $ 

Water $ 

School $ - 

Befundirg  loan  account $ 

Sewerage  sinking  fund $ 

General  sinking  fund $ 

Police  fund $ 

Fire  department $ 

General  appropriation $ 

Public  works  department $ 

Sewerage $ 

House  of  correction  fund $ 

School  tax  fund $ 

Public  library  fund $ 

Contingent  fund $ 

Health  department  fund $ 

Street  lamp  fund $ 

City  hall  fund $ 


Finance. 


433 


Police  [or  city]  court $ 

Licenses $ 

Rents $ 

Official  fees $ 

City  markets $ 

Pounds $ 

Tax  purchase $ 

Special  tax  purchase , $ 

Tax  deeds $ 

Forfeitures  in and  prior  years $ 

Personal  property  and  delinquent  tax $ 

Special  deposit  of $ 

$ 

Expenditures. 

Special  assessment  and  deposit  fund $ 

Water  fund $ 

Refunding  loan  account . $ 

General  sinking  fund $ 

House  of  correction  fund  $ 

General  fund,  18 — . $ 

Contingent  fund,  18 — $ 

Fire  department  fund,  18 — $ 

Police  fund,  18 — $ 

Public  works  fund,  18 — $ 

School  tax  fund,  18 — $ 

House  of  correction  fund,  18 — . . $ 

General  fund,  18 — $ 

Contingent  fund,  18 — $ 

Fire  department  fund,  18  — $ 

Police  fund,  18 — $ 

School  tax  fund,  18 — $ 

Public  library  fund,  18 — $ 

Health  department  fund,  18 — $ 

Sewerage  fund,  18 — $ 

Public  works  fund,  18 — $ 

Street  lamp  fund,  18 — $ 

City  hall  fund,  18 — $ 

Interest  account,  18— $ $ 

Balance  in  treasury,  - , 18  — $ 

$ 


Yours  etc., 

, City  Treasurer. 


Forms  and  Prkcedents. 
978.  Warrant,  drawn  on  treasurer.] 


$ No. 

State  of  Illinois,  ( 

CAty  of , 1 

To  the  treasurer  of  the  city  of : 

Pay  to , or  order,  the  sum  of dollars  out  of  the  fund  \_state 

the  fund  or  particidar  appropriation^^  to  which  this  vrarrant  is 
chargeable. 

Countersigned, , City  Clerk.  , Mayor. 

979.  Ordinance  for  assessment  etc.  of  tax.] 

An  ordinance  for  the  levy  and  assessment  of  taxes,  for  the  current 
fiscal  year. 

Be  it  ordained  by  the  city  council  of  the  city  of  : 

Section  1,  That,  the  sum  of ( — ) dollars,  the  same  being  the 

total  amount  of  appropriation  heretofore  legally  made  for  all  corporate 

purposes  of  the  city  of , for  school  purposes  and  for  maintaining 

a public  library,  and  to  be  collected  from  the  tax  levy  of  the  current 
fiscal  year  of  said  city,  be  and  the  same  is,  hereby,  levied  and  assessed 
on  all  the  real  and  personal  property,  within  said  city,  subject  to  taxa- 
tion, according  to  the  valuation  of  such  property,  as  the  same  is  as- 
sessed for  state  and  county  purposes  for  the  current  year ; the  said  tax 
so  levied  and  assessed,  being  for  the  current  fiscal  year  of  said  city  and 
the  said  appropriation,  the  total  amount  of  which  has  been  ascertained, 
as  aforesaid,  being  as  follows : [set  forth  the  appropriation  ordinance^ 
§ 976,  complete. \ 

§ 2.  The  city  clerk  is,  hereby,  directed  to  file,  with  the  county 

clerk  of county,  Illinois,  on  or  before  the  second  Tuesday  of 

August,  18 — , a copy  of  tliis  ordinance,  duly  certified  by  said  clerk. 

1.  See  § 122,  as  to  this  ordinance. 

2.  “It  is  also  plain  that  such  trustees  could  not,  lawfully,  impose  any  tax  upon  the 
property  within  such  town,  except  by  proceedings  reduced  to  writing  and  recorded 
in  that  town  record.  The  form  of  such  proceeding  may  not  be  important.  It  may 
not  be  necessary  that  the  same  should  begin  with  the  words  “ be  it  ordained  but, 
it  is  essential  to  the  valid  imposition  of  such  a tax  that  a written  entry  should  be 
made,  in  the  record  of  the  proceedings  of  the  board,  showing  the  determination  that 
a tax,  of  a given  amount,  should  be  collected”;  People  «.  Lee,  112  111.,  121 


7.  SPECIAL  ASSESSMENTS  AND  TAXATION. 


Section. 

980.  Sidewalk  ordinance. 

981.  Sidewalk  inspector's  return  for  as- 

sessment. 

982.  Report  of  commissioners. 

983.  Order  of  approval. 

984.  Water  service  pipe. 

985.  Report  of  commissioners. 


Section. 

986.  Report  of  commissioners. 

987.  Order  of  approval. 

988.  Certificate  of  work  done  by  owner. 

989.  Ordinance  for  drains. 

990.  Sewerage  ordinance. 

991.  Street  improvement. 

992.  Engineer’s  estimate  of  cost. 


Special  Assessments  and  Taxation. 


435 


Section. 

993.  Certificate  of  work  done  by  owner. 

994.  Ordinance  to  improve,  where  pro- 

perty will  be  damaged  etc. 

995.  Application  to  assess  damages. 

996.  Commissioners’  oath. 

99T.  Assessment  roll. 

998.  Certificate  as  to  assessments  etc. 

999.  Special  assessment  notice. 


Section. 

1000.  Affidavit  of  posting  notices. 

1001.  Certificate  of  publication. 

1002.  Commissioners’  affidavit. 

1003.  Special  assessment  voucher,  to  con- 

tractor. 

1004.  Abatement  voucher. 

1005.  Contract  for  work,  by  special  assess- 

ment. 


980.  Sidewalk  ordinance.] 

An  ordinance  for  sidewalk  on street,  from street  to 

street. 

Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  That  a sidewalk feet  in  width,  of  two-inch  pine 

plank,  not  less  than  eight,  nor  more  than  ten  inches  wide,  laid  at  the 

established  grade  of  said upon  three  pine  stringers,  three  by  four 

inches,  said  stringers  to  rest  upon  three  by  four-inch  pine  bearers,  laid 
crosswise  and  hrmly  bedded  six  feet  apart,  each  plank  to  be  nailed  to 

the  stringers  with thirty  penny  nails,  each  bearer  to  be  nailed  to 

the  stringers  with thirty  penny  nails,  and  all  lumber  used  in  the 

construction  of  said  sidewalk  to  be  good,  sound  lumber,  not  inferior  to 
the  grade  known  as  “ choice  common”,  be  and  is,  hereby,  ordered  con- 
structed on  . Provided,  however,  that  the  owner  of  any  lot  or 

piece  of  ground  fronting  on  said  contemplated  sidewalk  shall  be  allowed 
fifteen  days  after  the  time  this  ordinance  shall  take  effect  in  which  to 
construct  said  sidewalk  opposite  his  land,  and,  thereby,  relieve  the  same 
from  assessment ; said  work  to  be  done  under  the  superintendence  of 
the  department  of  public  works. 

§ 2.  That  so  much  of  said  improvement  as  shall  not  be  made,  by  said 
owners,  within  the  time  aforesaid  shall  be  made  and  the  cost  thereof 
paid  for  by  a special  assessment  to  be  levied  upon  the  property  benefited 
thereby  to  the  amount  that  the  same  may  be  legally  assessed  therefor, 
and  the  remainder  of  such  cost  to  be  paid  by  general  taxation,  in  ac- 
cordance with  article  nine  (9)  of  an  act  of  the  general  assembly  of  the 
state  of  Illinois,  entitled  “ an  act  to  provide  for  the  incorporation  of 
cities  and  villages”,  approved  the  10th  day  of  April,  a.  d.,  1872,  and 
adopted  by  the  common  council  of  said  city,  by  ordinance  passed  the 
— day  of , a.  d.  18 — . 

§ 3.  That , and be  and  they  are,  hereby,  appointed 

commissioners  to  make  an  estimate  of  the  cost  of  so  much  of  said  im- 
provement as  shall  not  liave  been  made  by  said  owners  within  the  time 
aforesaid,  including  labor,  materials  and  all  other  expenses  attending 
the  same,  and  the  cost  of  making  and  levying  the  assessment  therefor. 

1.  An  ordinance  for  a local  improvement,  by  special  assessment  — in  wliole  or  in 
part  — is  fatally  bad  if  it  fails  to  describe  the  nature  and  character  of  the  proposed 
improvement;  Sterling  v.  Galt,  117  111.,  15.  The  ordinance,  however,  is  only  required 
to  comply,  substantially,  with  the  statute.  It  is  not  required  to  set  forth  all  particu- 
lars and  details  of  the  work;  Pearce  v.  Hyde  Park,  128  111.,  280;  Kankakee  x>.  Potter, 
110  111.,  326. 


Foiars  AND  Plli:CEDENTS. 


4.% 

2.  An  ordinance  to  construct  a sidewalk  on  botli  sides  of  one  street  does  not  em- 
brace two  se|>arate  and  distinct  iini)roveinents;  Watson  d.  Chicago,  115  111.,  79. 

II,  'I'lie  general  incorporation  act  vests  the  sole  and  exclusive  power  in  city  coun- 
cils, by  ordinance,  to  determine  the  public’s  share  of  the  cost  of  a local  improvement 
[see  ^ 2 of  the  last  preceding  ordinance], • Watson  v.  Chicago,  115  111.,  70. 

4.  The  ordinance,  in  such  case,  need  not  state  the  proportion  of  cost  to  be  borne  by 
the  public  and  the  property  owners;  Sterling  v.  Galt,  117  111.,  15. 

981.  Sidewalk  inspector’s  return  for  assessment.] 

Office  of  the  Department  of  Pdrlic  Works. 

This  is  to  certify,  that  an  ordinance  passed  by  the  city  council > 

18 — , for  constructing  a sidewalk  on  side  of street,  from 

street  to street.  The  following  described  lots  and  parcels  of 

ground  should  be  assessed,  the  walks  in  front  of  the  same  not  having 
been  built  by  the  owner. 

, Inspector. 

The  following  list  has  been  examined  by  me  and  found  correct. 


DESCKIPTION. 

Sub-Lot. 

Lot. 

Block. 

No.  Feet. 

982.  Report  of  commissioners.] 

To  the  mayor  and  aldermen  of  the  city  of , in  city  council  as- 

sembled : 

The  city  council  of  said  city  having  passed  an  ordinance  providing 

that  ? sidewalk feet  in  width,  of  two  inch  pine  plank,  not  less 

than  eight,  nor  more  than  ten  inches  wide,  laid  at  the  established  grade 
of  said upon pine  stringers,  three  by  four  inches,  and  string- 

ers to  rest  upon  three  by  four  inch  pine  bearers  laid  crosswise  and 
hrmly  bedded,  six  feet  apart,  each  plank  to  be  nailed  to  the  stringers 
with  six  thirty  penny  nails,  each  bearer  to  be  nailed  to  the  stringers 
with  six  thirty  penny  nails,  and  all  lumber  used  in  the  construction  of 
said  sidewalk,  to  be  good,  sound  lumber,  and  not  inferior  to  the  grade 

known  as  “choice  common”,  be  constructed  on ; and  providing 

in  said  ordinance,  that  the  owner  of  any  lot  or  piece  of  ground  front- 
ing on  said  contemplated  sidewalk  should  be  allowed  fifteen  days  after 
the  time  the  said  ordinance  should  take  effect  in  which  to  construct 
said  sidewalk  opposite  his  land  and,  thereby,  relieve  the  same  from  as- 
sessment; said  work  to  be  done  under  the  superintendence  of  the  de- 
partment of  public  works  of  said  city,  and  the  undersigned  having 


Special  Assessments  and  Taxation.  437 

been  appointed,  hy  said  city  conncil,  commissioners  to  make  an  estimate 
of  tlie  cost  of  so  much  of  said  improvement  as  shall  not  have  been 
made  by  said  owners  within  the  time  aforesaid,  including  labor,  ma- 
terials and  all  other  expenses  attending  the  same,  and  the  cost  of  mak- 
ing and  levying  the  assessment  therefor,  and  the  sidewalk  in  front  of 
the  lots  and  parcels  of  land  described  as  follows,  to  wit : 


part  of  lot. 

Sub- Lot. 

Lot. 

Block. 

Front  Feet. 

not  having  been  constructed,  we  submit  herewith  our  estimate  of  the 
cost  of  so  much  of  said  contemplated  improvement  as  has  not  been 
made  by  the  owners  of  lots  or  parcels  of  ground  fronting  on  said  con- 
templated improvement,  including  labor,  materials  and  all  other  ex- 
penses attending  the  same,  and  the  cost  of  making  and  levying  the  as- 


sessment therefor. 

Estimate. 

lineal  feet  of  sidewalk, feet  in  width $ 

Cost  of  making  and  levying  the  assessment  therefor $ 

Total $ 


I Commissioners. 


Dated  this  — day  of , a.  d.  18 — . 

1.  The  cost  of  making  an  assessment  for  special  taxation  may,  properly,  be  taxed 
on  abutting  lots;  Enos  v.  Springfield,  113  111.,  73. 

983.  Order  of  approval.] 

Ordered,  that  the  report  of  the  commissioners  appointed  to  make  an 
estimate  of  the  cost  of  the  improvement  contemplated  by  the  ordinance, 

entitled  “an  ordinance”  etc. , passed  the  — day  of  , a.  d., 

18 — , be  and  the  same  is,  hereby,  approved,  and  that  the  counsel  to  the 
corporation  be,  and  he  is,  hereby,  directed  to  file  a petition  in  the 
county  court  of county,  Illinois,  for  proceedings  to  assess  the  esti- 

mated cost  of  such  improvement  in  accordance  with  the  act,  in  said 
ordinance  mentioned. 


Forms  and  Precedents. 


m 

984.  Water  service  pipe.] 

An  ordinance  for  water  service  ])ipes  on street,  from street 

to street. 

lie  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  That  a water  service  pipe  be  and  is,  hereby,  ordered  laid 
from  each  of  the  lots  or  parcels  of  land  hereinafter  described,  abutting 

on street,  from street  to street,  in  said  city,  to  connect 

with  the  public  main  water  pipe  in street,  in  front  of  or  adjoin- 

ing such  lot  or  parcel  of  land. 


PART  OF  LOT. 

Sub- Lot. 

Lot. 

Block. 

Said  work  to  be  done  under  the  superintendence  of  the  department 
of  public  works. 

§ 2.  That  said  improvement  shall  be  made,  and  the  cost  thereof  paid 
for,  by  a special  assessment  to  be  levied  upon  the  propertj^  benefited 
thereby,  to  the  amount  that  the  same  may  be  legally  assessed  therefor, 
and  the  remainder  of  such  cost  to  be  paid  by  general  taxation ; in 
accordance  with  article  nine  (9)  of  an  act  of  the  general  assembly  of 
the  state  of  llfinois,  entitled  “an  act  to  provide  for  the  incorporation 
of  cities  and  villages”,  approved  the  tenth  day  of  April,  a.  d.  1872, 
and  adopted  by  the  common  council  of  said  city,  by  ordinance  passed 
the  — day  of , a.  d.  18 — . 

§ 3.  That , and  , be  and  they  are,  hereby,  appointed 

commissioners  to  make  an  estimate  of  the  cost  of  said  improvement, 
including  labor,  materials,  and  all  other  expenses  attending  the  same, 
and  the  cost  of  making  and  levying  the  assessment  therefor. 

985.  Report  of  commissioners.] 

To  the  mayor  and  aldermen  of  the  city  of  , in  city  council 

assembled : 

The  city  council  of  said  city  having  passed  an  ordinance  providing 

that  a be  laid  from  each  of  the  lots  or  parcels  of  land,  hereinafter 

described,  abutting  on  street,  from street  to street,  to 

connect  with  the  public  main in street,  in  front  of  or  adjoin- 

ing such  lot  or  parcel  of  land,  said  work  to  be  done  under  the  superin- 
tendence of  the  department  of  public  works  of  said  city,  and  the  un- 
dersigned having  been  appointed,  by  said  city  council,  commissioners 
to  make  an  estimate  of  the  cost  of  said  improvement,  including  labor, 
materials,  and  all  other  expenses  attending  the  same,  and  the  cost  of 
making  and  levying  the  assessment  therefor,  do  herewith  submit  our 
estimate  of  such  total  cost. 


Special  Assessments  and  Taxation. 


439 


Estimate. 


PART  OF  LOT. 

Sub-Lot. 

Lot. 

Block. 

Estimated  Cost,  including 
labor,  materials,  etc. 

Dolls. 

Cts. 

Cost  of  making  and  levying  the  assessment  therefor $ 

Total $ 


I Commissioners. 

Dated  this  — day  of  , 18 — . 

986.  Report  of  commissioners.] 

To  the  mayor  and  aldermen  of  the  city  of  , in  city  council 

assembled  : 

The  city  council  of  said  city  having  passed  an  ordinance  providing 

that  a be  laid  from  each  of  the  lots  or  parcels  of  land  therein 

described,  abutting  on street,  from street  to street,  to 

connect  with  the  public  main  in  street,  in  front  of  or 

adjoining  such  lot  or  parcel  of  land,  said  work  to  be  done  under  the 
superintendence  of  the  department  of  public  works  of  said  city,  and 
the  undersigned  having  been  appointed,  by  said  city  council,  commis- 
sioners, to  make  an  estimate  of  the  cost  of  said  improvement,  including 
labor,  materials  and  all  other  expenses  attending  the  same,  and  the 
cost  of  making  and  levying  the  assessment  therefor,  do  herewith  sub- 
mit our  estimate  of  such  total  cost. 


Estimate. 

, @ $ 

T’  ® 

Cost  of  making  and  levying  the  assessment  therefor 

Total $ 

I Commissioners. 

, 18—. 


Dated  this  — day  of 


410 


I'ORMS  AND  PrECP:I)ENTS. 


987.  Order  of  approval  — General.] 

Oi'dered,  that  the  re})ort  of  the  commissioners  appointed  to  make  an 
estimate  of  the  cost  of  the  improvement  contemplated  by  the  ordinance, 

entitled  “An  ordinance”  etc. , passed  the  — day  of , a.  d., 

18 — , be  and  the  same  is,  hereby,  approved,  and  that  the  counsel  to  the 
corporation  be  and  he  is,  hereby,  directed  to  file  a petition  in  the  county 

court  of county,  Illinois,  for  proceedings  to  assess  the  estimated 

cost  of  sucli  improvement  in  accordance  with  the  act  in  said  ordinance 
mentioned. 

988.  Certificate  of  work  done  by  owner.] 

Warrant . , , 18 — . 

Mr. : 

This  is  to  certify  that water  service  pipe  in  front  of  sub-lot 

, lot , block on  street,  has  been  laid  free  of  any  ex- 
pense to  the  city,  except  cost ; which  must  be  paid  to  the  collector. 

, Water  Assessor. 

989.  Ordinance  for  — inch  drains.] 

An  ordinance  for  — inch  drains  on street,  from street  to 

street. 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago  : 

Section  1.  That  a — inch  drain  be  and  is,  hereby,  ordered  laid  from 
each  of  the  lots  or  parcels  of  land,  hereinafter  described,  abutting  on 

street,  from street  to street,  in  said  city,  to  connect 

with  the  public  main  sewer  in street,  in  front  of  or  adjoining 

such  lot  or  parcel  of  land. 


PART  OF  LOT. 

Sub-Lot. 

Lot. 

Block. 

Said  work  to  be  done  under  the  superintendence  of  the  department 
of  public  works. 

§ 2.  That  said  improvement  shall  be  made,  and  the  cost  thereof 
paid  for,  by  a special  assessment  to  be  levied  upon  the  property  bene- 
fited thereby  to  the  amount  that  the  same  may  be  legally  assessed 
therefor,  and  the  remainder  of  such  cost  to  be  paid  by  general  taxa- 
tion ; in  accordance  with  article  nine  (9)  of  an  act  of  the  general  as- 
sembly of  the  state  of  Illinois,  entitled  “An  act  to  provide  for  tlie 
incorporation  of  cities  and  villages”,  approved  the  tenth  day  of  April, 
A.  D.  1872,  and  adopted  by  the  common  council  of  said  city  by  ordi- 
nance passed  the  — . day  of , a.  d.  18 — . 


Special  Assessments  and  Taxation. 


441 


§ 3.  That , , and , be  and  they  are,  hereby,  appointed 

commissioners  to  make  an  estimate  of  the  cost  of  said  improvement,  in- 
cluding labor,  materials  and  all  other  expenses  attending  the  same,  and 
the  cost  of  making  and  levying  the  assessment  therefor. 

990.  Sewerage  ordinance.] 

An  ordinance  for  the  construction  of  a sewer  in street,  from 

street  to street. 

Be  it  ordained  by  the  city  council  of  the  city  of ; 

Section  1.  That  a sewer  be  constructed  and  laid . That 

the  internal  diameter  of  said  sewer  shall  be , and  the  grade  of 

the  bottom  of  tlie  inside  thereof  shall  be feet  above  city 

datum. man  holes  are  to  be  built  upon  said  sewer  at  such  points 

as  may  be  directed,  to  be  cylindrical  in  shape  and  have  an  internal 
diameter  of  three  (3)  feet  and  resting  on  a foundation  of  three  courses 
of  sewer  brick,  the  walls  of  said  manholes  to  be  eight  inches  thick,  built 
of  two  courses  of  sewer  brick  laid  edgewise  in  perpendicular  courses. 

catch-basins  shall  be  constructed  and  connected  and  trapped  with 

said  sewer  with  nine-inch  vitrified  tile  pipe  located  at  such  points  on 
the  curb  lines  of  said  street  as  may  be  directed.  Said  catch-basins  shall 
be  seven  feet  two  inches  deep,  to  be  four  feet  inside  diameter  on  the 
bottom  to  a height  of  five  feet  two  inches ; and,  thence,  to  narrow  to 
three  feet  inside  diameter  at  the  top.  The  walls  to  be  eight  inches 
thick,  built  of  two  courses  of  sewer  brick,  placed  edgewise  in  perpen- 
dicular courses,  resting  on  a solid  bottom  of  two-inch  oak  plank,  strongly 
spiked  to  cross  planks  firmly  imbedded,  and  each  basin  and  man  hole 
shall  be  provided  with  an  iron  cover  similar  in  each  case  to  those  now 
in  use  by  the  city  of . House  connection  slants  of  six-inch  inter- 

nal diameter  to  be  placed  on  both  sides  of  tlie  sewer  opposite  each 

twenty  feet  of  lot  frontage . All  brick  work  to  be  laid  in  the  best 

American  hydraulic  cement.  Said  work  to  be  done  under  the  superin- 
tendence of  the  department  of  public  works. 

§ 2.  That  the  cost  and  expense  of  said  improvement  shall  be  de- 
frayed by  a special  assessment  made  in  accordance  with  sections  eighteen 
(18)  to  fifty-one  (51)  inclusive,  in  article  nine  (9)  of  the  act  of  the  gen- 
eral assembly  of  the  state  of  Illinois,  entitled  “iVn  act  to  provide  for 
the  incorporation  of  cities  and  villages”,  approved  A\)ri\  10,  1872. 

§ 3.  That , and , be  and  they  are,  hereby,  appointed 

commissioners  to  make  an  estimate  of  the  cost  of  the  improvement  con- 
templated by  this  ordinance,  including  labor,  materials  and  all  other 
expenses  attending  the  same,  and  the  cost  of  making  and  levying  the 
assessment  herein  provided  for. 

1.  A city  having  adopted  article  9 of  the  general  law,  to  provide  for  the  incorpora- 
tion of  cities  and  villages,  has  power  to  construct  sewers  by  special  assessment,  re- 
gardless of  its  powers  under  the  special  charter  ; Murphy  «.  Peoria,  119  111.,  olO. 

2.  An  ordinance  for  a sewerage  system,  not  specifying  the  nature,  character,  local- 
ity and  description  of  man  holes  and  the  like,  can  not  be  the  basis  of  an  assessment; 
Ugden  V.  Lake  View,  121  111.,  423. 


Forms  and  rRp:cEDENXS. 


412 


!{.  Such  iin  ordinuncp  is  sufficiently  certain — as  tf>  tlie  location  of  man  holes  — 
which  provides  for  “ necessary  man  holes  and  Inlets  for  surface  drainage”.  As  where 
the  ordinance  provided  that  said  sewer  shall  be  two  fcjet  inside  diameter  and  shall 
he  constructed  of  the  best  brick  and  cement,  in  the  best  workmanlike  manner,  with 
nec<*ssary  manholes  and  inlets  for  surface  drainage”  etc.  The  word  “necessary” 
shouhl  be  taken  as  a term  of  restriction,  so  far  as  respects  the  location  of  the  man 
holes,  going  to  show  where  they  were  to  be  constructed  — that  is  they  were  to  be 
where  it  was  necessary  and  pro]>er  they  should  be.  The  words  “ necessary  man 
holes”  would  enable  a civil  engineer  to  determine  where  the  “manholes”  should 
be  built;  Sj)ringfield  v.  Mathus,  124  111.,  89. 


991.  Street  improvement.] 

All  ordinance  for  the  improvement  of street,  from  street 

to street. 

Be  it  ordained  by  tlie  city  council  of  the  city  of ; 

Seci'ion  1.  That graded,  curbed  and  paved  with  wooden  block 

pavement,  said  wooden  blocks  to  be  six  inches  long  and  from  four  to 
eight  inches  in  diameter,  cut  from  sound,  live  cedar  posts,  said  blocks  to 
be  set  on  end,  upon  llooring  of  two-inch  common  hemlock  plank,  laid 
upon  a bed  of  sand  three  inches  deep,  the  spaces  between  the  blocks  to 
be  tilled  with  clean,  dry  lake  shore  paving  gravel,  compactly  rammed 
down  by  means  of  a paver’s  tamping  iron,  prepared  to  tit  the  joints,  so 
that  all  parts  shall  be  thoroughly  rammed,  said  spaces  and  the  surface  of 
the  pavement  to  be  flooded  with  a paving  composition  equal  to  Barrett 
& Arnold’s  best  quality,  using  not  less  than  one  and  one-balf  gallons 
to  each  square  yard,  tine  rooting  gravel  to  be  swept  over  the  entire 
surface  so  as  to  completely  fill  any  spaces  wliere  tlie  gravel  ma}^  have 
settled,  the  entire  surface  to  be  again  flooded  with  said  composition, 
using  not  less  than  one-half  gallon  to  each  square  yard,  and  immediately 
covered  with  fine  rooting  gravel  to  the  depth  of  one  inch  ; said  pave- 
ment to  be  laid  to  conform  to  the  grade  of  said between  said 

points.  Said  work  to  be  done  under  the  superintendence  of  the  depart- 
ment of  public  works. 

Sec.  2.  That  said  improvement  shall  be  made  and  the  cost  thereof 
]>aid  for  by  a special  assessment  to  be  levied  upon  the  property  bene- 
fited thereby  to  the  amount  that  the  same  may  be  legally  assessed 
therefor,  and  the  remainder  of  such  cost  to  be  paid  by  general  taxation  ; 
in  accordance  with  article  nine  (9)  of  an  act  of  the  general  assembly  of 
the  state  of  Illinois,  entitled  ‘‘An  act  to  provide  for  the  incorporation 
of  cities  and  villages”,  approved  the  tenth  day  of  April,  a.  d.  1872. 

Sec.  3.  That , and be  and  they  are,  hereby,  appointed 

commissioners  to  make  an  estimate  of  the  cost  of  said  improvement,  in- 
cluding labor,  materials,  and  all  other  expenses  attending  the  same,  and 
the  cost  of  making  and  levy  the  assessment  therefor. 

1.  A city  may  cause  a street  to  be  graded  and  cause  a strip  in  the  center  to  be 
sodded  — instead  of  graveled  — and  provide  for  payment  by  special  assessment; 
Murphy  r.  Peoria,  119  111.,  510. 

2.  A valid  ordinance  is  essential  to  proceedings  to  improve  a city  street  by  special 
assessment;  Jacks.  Ry.  Co.  Jacksonville,  114  111.,  563. 

3.  An  ordinance  for  street  improvement  by  special  assessment  — in  part  or  in 
whole  — must  specify  the  nature,  character,  locality  and  description  of  the  proposed 


Special  Assessments  and  Taxation.  443 

improvement;  Jacks.  Ry.  Co.  v.  Jacksonville,  114  111.,  563;  Levy  v.  Chicago,  113 
111.,  652. 


992.  Engineer’s  estimate  of  the  cost  of street  from  the 

line  of street,  to line  of street.] 


DESCRIPTION. 

0 

3 

c/2 

0 

0 

s 

Front 

feet. 

Cords 
of  curb 
wall. 

Lin.  feet 
of  curb 
stone. 

Cubic 
yards  of 
filling. 

Cubic 
yards  of 
grading. 

Square 
yards  of 
paving. 

953-  Certificate  of  work  done  by  owner.] 

Warrant . , , 18 — . 

Mr. : 

This  is  to  certify  that  the  curb in  front  of sub-lot  , 

lot , block , on street,  has  been  constructed  in  accord- 

ance with  city  specifications. 

The  filling . 

Correct. 

, Assistant  Engineer. 

, Superintendent. 

994.  Ordinance  to  improve,  where  property  will  be  taken  or 
damaged.] 

An  ordinance  for  the of street,  from street  to 

street. 

Be  it  ordained  by  the  city  council  of  the  city  of : 

Section  1.  That street,  from street  to street,  be 

in  accordance  with  the  plan  hereto  annexed. 

Sec.  2.  That  said  improvement  shall  be  made,  and  the  cost  thereof 
paid  for  by  a special  assessment  to  be  levied  upon  the  property  bene- 
fited thereby  to  the  amount  that  the  same  may  be  legally  assessed 
therefor,  and  the  remainder  of  such  cost  to  be  paid  by  general  taxation; 
in  accordance  with  article  nine  (9)  of  an  act  of  the  general  assembly  of 
the  state  of  Illinois,  entitled  ‘‘An  act  to  provide  for  the  incorporation 
of  cities  and  villages”,  approved  the  tenth  day  of  April,  a.  d.  1872, 
and  adopted  by  the  common  council  of  said  city  by  ordinance  passed 
— day  of , A.  D.  18 — 

Sec.  3.  That  the  counsel  to  the  corporation  be  and  he  is,  hereby, 

directed  to  file  a petition  in  the court  of county,  Illinois,  in 

the  name  of  the  city  of , praying  that  “ the  just  compensation  to 

be  made  for  private  property  to  be  taken  or  damaged  for  said  improve- 
ment or  purpose  specified  in  this  ordinance  shall  be  ascertained  by  a 


i\\ 


Forms  and  Precedents. 


jury”,  and  to  file  a supplemental  petition  in  accordance  with  the  pro- 
visions of  section  fifty-three  (53)  of  said  article  nine  (9)  [§  i§3]. 

1.  Seo^l33. 


995.  Application,  to  court,  for  assessment  of  damages.] 


State  of  Illinois, 
County  of , 


ss. 


To  the  Honorable,  tlie court  of county  : 

Your  petitioner,  the  city  of , respectfully  sliows  that,  heretofore 

to  wit;  on  the day  of  , a.  d.  18 — , the  city  council  of  said 

city  did  pass  an  ordinance  providing  that , a certified  copy  of  which 

ordinance,  and  of  the  approval  thereof  by  the  mayor  of  said  city,  is 
liereunto  annexed  and  made  part  hereof. 

That  the  commissioners  appointed,  by  said  council,  to  make  an 
estimate  of  the  cost  of  the  improvement  contemplated  by  said  ordinance 

heretofore,  to  wit : on  the day  of , a.  d.  18 — , made  a report 

to  said  city  council  (which  was  afterward  approved  by  said  council), 

estimating  such  cost  at  $ , a true  copy  of  which  report  is  annexed 

hereto,  and  made  a part  hereof. 

Your  petitioner  prays  that  the  cost  of  said  improvement  may  be  as- 
sessed in  the  manner  prescribed  by  law. 

, Corporation  Counsel. 


Names  of  owners,  occu- 
pants and  parties  hav- 
ing an  interest  in 
property,  so  far  as 
known  \o  the  officer 
tiling  this  petition . 

Known  owners  and 
parties  having  an 
interest  who  are 
non  residents  of 
the  state  of  Illi- 
nois. 

Improvements. 

Part  of  lot 
of  land. 

Sub-lot. 

0 

iJ 

State  of  Illinois, 

County  of , 

City  of , 

I, , city  clerk  of  the  city  of  , do  hereby  certify  that  the 

annexed  and  foregoing  is  a true  and  correct  copy  of  document  Ho. 

of and  of  the  indorsements  thereon,  the  same  being  a certain 

“ report  and  ordinance  ”,  on  file  in  my  office. 

I do  further  certify  that  the  original  of  which  the  foregoing  is  a 
true  copy,  is  intrusted  to  my  custody  for  safe  keeping,  and  is  on  file 
in  my  office. 

Witness  my  hand  and  the  corporate  seal  of  said  city,  this 

[l.  s.]  day  of , a.  d.  18  — . 


-,  City  Clerk. 


Special  Assessments  and  Taxation. 


415 


State  of  Illinois,  ) 

County  of , > ss. 

City  of , j 

I, , city  clerk  of  the  city  of , do  hereby  certify  tliat  the 

annexed  and  foregoing  is  a true  and  correct  copy  of  document  Xo. 

of  and  of  the  indorsements  tliereon,  the  same  being  a certain 

“ report  and  estimate  of  commissioners  and  order  of  approval  ” thereof 
of  the  city  council  of  said  city,  on  tile  in  my  office. 

1 do  further  certify  that  the  original,  of  which  the  foregoing  is  a 
true  copy,  is  intrusted  to  my  custody  for  safe  keeping,  and  is  on  file 
in  my  office. 

Witness  my  hand  and  the  corporate  seal  of  said  city,  this 

[l.  s.]  day  of , a.  d.  18 — . 

, City  Clerk. 

996.  Commissioners’  oath  for  street  improvements  etc.] 

State  of  Illinois,  ) 

County  of , j 

We,  the  undersigned,  commissioners  appointed  by  the court  of 

county  to  assess  the  cost  of , do  solemnly  swear,  that  we  will 

a true  and  impartial  assessment  make  of  the  costs  of  said  improvement, 

upon  the  city  of and  the  property  benefited  by  such  improvement, 

to  the  best  of  our  ability,  and  according  to  law. 

I Commissioners. 

Sworn  to  and  subscribed  before  me,  | 

this day  of , a.  d.  18 — . j 

, Notary  Public. 

997.  Assessment  roll.] 

Made  by  the  commissioners  appointed  by  the  court  of  

county,  to  assess  the  cost  of  , showing  a description  of  real  estate 

deemed,  by  said  commissioners,  specially  benefited  by  said  contem- 
plated improvement  and,  also,  showing  a description  of  each  lot,  block, 
tract  or  parcel  of  land,  and  the  amount  assessed  by  said  commissioners 
as  special  benefits  thereto,  the  names  of  the  respective  owners  thereof, 
so  far  as  knowm,and  the  amount  found  by  said  commissioners  as  public 
benefit  and  assessed  to  said  city  of . 


NAME  OF  OWNER. 

Part  of  lot  or  land. 

Sub-lot. 

Lot. 

Block. 

Assessment. 

Dollars. 

Cents. 

Forwarded, 

Forms  and  J’kecedents. 


4li) 


ASSESSMENT. 


Dollars. 


Cents. 


Forwarded. 

Proportion  of  the  total  cost  of  the  im- 
])roveinent  which  is  estimated  will  be  of 
benefit  to  the  property  to  be  benefited  by 
said  improvement,  and  apportioned  to  and 
assessed  upon  such  property. 

Proportion  of  the  total  cost  of  the  im- 
provement which  will  be  of  benefit  to  the 
public,  and  assessed  to  the  city  of . 


Total  cost  of  the  improvement: 


I Commissioners. 


998.  Certificate  for  street  improvement  assessments  etc.] 

, ,18-. 

The  undersigned,  commissioners,  appointed  by  the  court  of 

county,  to  assess  the  cost  of do,  hereby,  certify  that 

they  have  completed  the  foregoing  assessment  roll,  showing  a descrip- 
tion of  the  real  estate  by  them  deemed  benefited  by  said  contemplated 
improvement;  also,  showing  a description  of  each  lot,  block,  tract  or 
parcel  of  land,  and  the  amount  assessed  by  them  as  special  benefits 
thereto,  the  names  of  the  respective  owners  thereof,  so  far  as  known, 
and  the  amount  found  by  said  commissioners  as  public  benefit  and 

assessed  to  said  city  of  . That,  before  proceeding  to  make  said 

assessment,  they  were  duly  qualified  before  entering  upon  their  duties, 
as  appears  by  the  oath  hereunto  attached,  that  they  examined  the 
locality  where  the  said  improvement  is  proposed  to  be  made  and  the 
lots,  blocks,  tracts  and  parcels  of  land  which  will  be  specially  benefited  , 
thereby,  and  did  estimate  what  proportion  of  the  total  costs  of  said 
improvement  will  be  of  benefit  to  the  public  and  what  proportion 
thereof  will  be  of  benefit  to  the  property  to  be  benefited,  and  did 

apportion  the  same  Detween  the  city  of and  such  property,  so  that 

each  shall  bear  its  relative  equitable  proportion. 

The  amount  so  estimated  and  apportioned  to  said  city  being  the  sum 
of  $ , and  the  amount  so  estimated  and  apportioned  to  property 


Special  Assessments  and  Taxation. 


447 


to  be  benefited  being  the  sura  of  $ . That,  having  lound  said 

amounts,  they  did  apportion  and  assess  tlie  amount  so  found  to  be  of 
benefit  to  the  property,  upon  the  several  lots,  blocks,  tracts  and  parcels 
of  land,  in  the  proportion  in  which  they  will  be  severally  benefited  by 
said  improvement;  and,  that  no  lot,  block,  tract  or  parcel  of  land  has 
been  assessed  a greater  amount  than  it  will  be  actually  benefited  by 
said  impi'ovement. 


Commissioners  appointed  by  the 

court  of  county,  Illinois,  to 

make  said  assessment. 


999.  Special  assessment  notice  — application  to  confirm.] 

Notice  is,  hereby,  given  to  all  persons  interested,  that  the  city  council 

of  the  city  of  , having  ordered  that , in  accordance  with  the 

ordinance  passed , a.  d.,  18 — , recited  in  the  petition  of  the  city 

of , docket  number of  said  court,  the  ordinance  for  the  same 

being  on  file  in  the  office  of  the  city  clerk,  have  applied  to  the 

court  of  county  for  an  assessment  of  the  cost  of  said  improve- 

ment according  to  benefits,  and  an  assessment  thereof  having  been 
made  and  returned  to  said  court,  the  final  hearing  thereon  will  be  had 

at  the  term  of  said  court,  commencing  on  the  — day  of  , 

A.  D.  18 — . 

All  persons  desiring  may  then  and  there  appear  and  make  their 
defense. 

I Commissioners. 

, , A.  D.  18 . 


1000.  Affidavit  of  posting  notices.] 

State  of  Illinois,  ) 

County  of , f 

This  afiiant, , being  duly  sworn,  upon  oath,  says,  that  on  the  — 

day  of , A.  D.  18 — , he  posted  notices,  of  which  the  following  is  a 

copy,  to  wit : — Special  assessment  notice.  {Here  set  forth  notice  as  in 
§ 999]  follows,  to  wit : By  securely  affixing  the  same,  one  to  the 

premises  No. street ; one  to  the premises  No.  — 

street ; the  said  two  places  being  in  the  neighborhood  of  said  im- 
provement; one  at  the  west  entrance  of  the  city  hall,  and  one  at  the 

east  entrance  of  , all  of  such  places  being  public  places  in  said  city 

of . 


Sworn  to  and  subscribed  before  me,  ) 

this  — day  of , a.  d.  18 — . f 

, Notary  Public. 


148 


Forms  and  Precedents. 


lOOi.  Certificate  of  publication.] 


State  of  Illinois,  ) 

County  of . j 

This  certifies,  that  a notice,  of  which  the  an- 
nexed notice  is  a true  copy,  has  been  published 

five  times  in  the , a daily  newspaper,  printed 

Attach  a copy  of  assess-  published  in  the  city  of  , in  said  county, 
ment  notice  here.  and  that  the  date  of  the  first  paper  containing  the 

said  published  notice  was  the  — day  of , a. 

D.  18 — , and  that  the  date  of  the  last  paper  con- 
taining the  same  was  the  — day  of a.  d. 

18—. 

It  is  further  certified,  that  the  said was,  at  the  time  of  the  said 

publication  of  said  notice,  and  is  now  the  corporation  newspaper  of  the 
said  city  of ; and  that was  and  is  the  publisher  of  said  news- 

paper. 

In  witness  whereof, , publisher  of  said , has  signed  this  cer- 
tificate this  — day  of  , a.  d.  18 — . 

, Publisher. 


1002.  Commissioner’s  affidavit.] 


State  of  Illinois,  ) 
County  of , f 


This  affiant, , being  duly  sworn,  upon  oath,  says,  that  affiant  and 

and  were  heretofore  appointed  by  the court  of 

county,  commissioners  to  assess  the  cost  of . And,  that  said  com- 

missioners did  cause  to  be  sent  by  mail,  to  the  owners  whose  premises 
have  been  assessed  by  said  commissioners,  and  whose  names  and  places 
of  residence  were  known  to  them  or  either  of  them,  the  notice  required 
by  law  to  be  sent  by  mail  to  the  owners  of  premises  assessed.  A sub- 
stantial copy  of  said  notice  being  as  follows:  “Mr.  \here  the  name 

was  inserted']  your  {here  a description  of  the  premises  was  inserted]  is 

assessed  $ {here  the  amount  of  the  assessment  on  the  premises  was 

inserted]  for  public  improvement.  The  assessment  roll  will  be  re- 
turned to  the term  of  the court  of county,  Illinois. 

{Date  was  here  givenh] 

[Signed] 


Commissioners. 


Sworn  to  and  subscribed  before  me,  ) 

this  — day  of  , a.  d.  18 — . f 

, Notary  Public. 

1.  Notice  of  application  to  confirm  a special  assessment  for  local  improvement  must 
be  sent  to  each  owner  whose  name  and  residence  are  known  by  any  one  of  the  com- 
missioners. Affidavit  of  mailing  by  one  commissioner  to  such  as  he  knew  is  not 
enough;  Murphy  v.  Peoria,  119  111.,  510. 


Special  Assessments  and  Taxation.' 


449 

2.  It  is  presumed,  in  tlie  absence  of  evidence  to  the  contrary,  that  commissioners 
to  make  special  assessments  have  performed  their  duty  as  to  notices  to  property 
owners;  Brown  v.  Chicago,  117  111.,  23. 

3.  Owners  of  property  specially  assessed  for  local  improvements,  by  appearing  and 
filing  objections  waive  any  and  all  objections  to  the  notice  of  application  to  confirm; 
Murphy  v.  Peoria,  119  111.,  510. 

1003.  Special  assessment  voucher  (in  duplicate)  to  contractor.] 

Wurrant  No. . , , 18 — . 

City  of . To , Dr. 

For  the  department  of  public  works. 


Correct. 


Superintendent. 

Approved  in  duplicate  by 

, Commissioner. 


1004.  Abatement  voucher.] 

Warrant  No. — . , ,18 — . 

City  of . To , Dr* 


For  abatement  on  account  of  special  assessment  levied  on 

Sub-lot lot 

Block 

For  curbing  and  filling on  warrant for 

Curbing,  filing  and  paving street. 

Approved  by 

^ Commissioner. 


1005.  Contract  for  work  — special  assessment.] 

This  agreement,  made  and  concluded  this  — day  of  — ^ — , a.  d.,  18 — , 

between , party  of  the  first  part,  and  the  city  of of  the  second 

part : 

Witnesseth,  that  the  said  party  of  the  first  part,  for  and  in  considera- 
tion of  the  payments  to  be  to made  by  the  city  of , as 

hereinafter  set  forth,  hereby  covenant  and  agree  to . Said  work 

to  be  done  in  accordance  with  plans  prepared  fordoing  of  the  same,  on 
file  in  the  office  of  the  department  of  public  works  of  said  city  and 
with  the  specifications  appended  hereto  and  made  a part  of  this  con- 
tract ; said  work  to  be  commenced  on  or  before  the day  of , 

A.  D.  18 — , to  progress  regularly  and  uninterruptedly  after  it  shall  have 
been  begun,  excepting  as  shall  be  otherwise  ordered  by  said  depart- 
ment, and  be  finished  and  fully  completed  on  or  before  the day 


Forms  aniFPrecedents.> 


4f)0  1 

of , A.  I).  18 — , tlic  lime  of  coinmonceinent,  rate  of  progress,  and 

time;  of  completion  l)eing  essential  conditions  of  this  contract. 

All  the  work  shall  he  executed  in  the  best  and  most  workmanlike 
manner,  and  no  iiri])ro[)er  material  shall  be  used,  but  all  materials  of 
every  kind  shall  fully  answer  the  speciKcatious,  or,  if  not  particularly 
specilied,  shall  be  suitable  for  the  place  where  used. 

Should  the  commissioner  of  public  works  deem  it  ])roper  or  neces- 
sary, in  the  execution  of  the  work,  to  iriake  any  alterations  which  shall 
increase  or  diminish  the  expense,  such  alteration  shall  not  vitiate  or 
annul  the  contract  or  agreement  hereby  entered  into,  but  the  said 
commissioner  shall  determine  the  value  of  the  work  so  added  or  omit- 
ted, such  value  to  be  added  to  or  deducted  from  the  contract  price,  as 
the  case  may  be. 

The  whole  of  the  work  shall  be  commenced  and  carried  on  when 
and  where  the  commissioner  of  public  works  shall  direct,  and  it  shall, 
also,  be  carried  on  regularly,  so  as  to  give  the  necessary  time  for  each 
part  to  settle  and  harden  and,  also,  for  other  purposes  as  the  commis- 
sioner may  require.  In  case  the  commissioner  of  public  works  shall 
think  that  this  is  not  sufficiently  heeded,  he  may  order  more  men  to 
be  emjdoyed  on  the  work;  and,  if  he  shall  think  the  work  proceeding 
too  rapidly,  he  may  order  the  employment  of  a less  number  of  men. 
Should  the  weather  be  unusually  wet,  or  so  cold  and  frosty  that  any 
part  of  the  work  can  not  be  done  in  a proper  manner,  or  with  due  re- 
gard to  durability,  or  should  such  be  the  case  from  any  other  cause, 
then  the  commissioner  of  public  works  may  order  such  part  of  the 
work  to  be  suspended  altogether  until  a more  suitable  season,  in  which 
case  the  part  of  the  first  part  will  cover  and  otherwise  sufficiently 
protect  tlie  several  parts  of  the  work,  so  that  they  will  not  be  injured 
by  the  weather. 

The  said  part  of  the  first  part  hereby  covenant  and  agree  that,  if 
in  the  prosecution  of  said  work  it  shall  be  necessary  to  dig  up,  use  or 
occupy  any  street,  alley,  highway  or  public  grounds  of  said  city,  to 
erect  and  maintain  such  strong  and  suitable  barriers  and,  also,  during 
the  night  time,  such  lights  as  will  effectually  prevent  the  happening 
of  any  accident,  or  harm  to  life,  limb,  or  property,  in  consequence  of 
such  digging  up,  use  or  occupancy  of  said  street,  alley,  highway  or 
public  grounds  ; and  it  is  further  covenanted  and^ agreed,  that  the  said 
part  of  the  first  part  shall  be  liable  for  all  damages  occasioned  by  the 
digging  up,  use  or  occupancy  of  any  street,  alley,  highway,  or  public 
grounds,  or  which  may  result  therefrom,  or  which  may  result  from 
the  carelessness  of  such  contractor,  his  or  their  agents,  employes  or 
workmen. 

This  agreement  shall  not  be  assigned,  nor  any  part  of  the  work  sul)- 
contracted,  without  the  written  consent  of  the  commissioner  of  public 
works  indorsed  hereon  ; and  in  no  case  shall  such  consent  I’clieve  the 
part  of  the  first  part,  from  the  obligations  herein  entered  into  by 
the  same,  or  change  the  terms  of  this  agreement. 


Special  Assessments  and  Taxation. 


451 


It  is  hereby  provided  and  agreed  that  the  said  work  sliall  be  prose- 
cuted witli  such  force  as  the  commissioner  of  public  works  shall 
deem  aTleipiate  to  its  completion  within  the  time  specified  and  if,  at  any 
time,  the  said  part  of  the  first  part  shall  refuse  or  neglect  to  prose- 
cute the  work  with  a force  sufficient,  in  tli^e  opinion  of  said  commis- 
sioner, for  its  completion  within  said  specilied  time,  or  if,  in  any  event 
the  said  part  of  the  first  part  shall  fail  to  proceed  with  the  work  in 
accordance  with  the  requirements  and  conditions  of  this  agreement, 
that  the  said  city,  by  its  commissioner  of  public  works,  shall  have  full 
riglit  and  authority  to  take  the  work  out  of  the  hands  of  the  said  part 
of  the  first  part,  and  to  employ  other  workmen  to  complete  the  unfin- 
ished work,  and  to  deduct  the  expense  thereof  from  any  money  that 
may  be  due  and  owing  to  said  part  of  the  first  part  on  account  of  the 
work,  or  to  re-let  the  same  to  other  contractors,  as  provided  for  herein- 
after. 

And  the  said  part  of  the  first  part  covenant  and  agree  to  perform 
all  of  said  work  under  the  immediate  direction  and  superintendence  of 

the  commissioner  of  public  works  of  the  city  of , and  to  his  entire 

satisfaction,  approval  and  acceptance.  All  material  used,  and  all  labor 
performed,  shall  be  subject  to  the  inspection  and  the  approval  or  rejec- 
tion of  said  commissioner,  and  the  said  city  of  hereby  reserves  to 

its  commissioner  of  public  works  the  right  to  finally  decide  all  questions 
arising  as  to  the  proper  performance  of  said  work,  and  as  to  whether 
the  rate  of  progress  thereon  is  such  as  to  correspond  with  the  condi- 
tions of  this  contract;  and  if  the  said  work  shall  not  be  begun  at  the 
time  herein  stipulated,  or  if  the  rate  at  which  said  work  shall  be  per- 
formed shall  not,  in  the  judgment  of  said  commissioner,  be  such  as  to 
insure  its  progress  and  completion  in  the  time  and  manner  herein  stip- 
ulated, or  if  said  work  shall  be  wholly  or  in  part  improperly  con- 
structed, then  to  declare  this  contract  forfeited,  either  as  to  a portion 
or  the  whole  of  said  work,  and  to  re-let  the  same,  or  to  order  the  entire 
reconstruction  of  said  work  if  improperly  done ; and,  in  such  case  of 
default,  or  in  any  case  of  default,  to  adjust  the  difference  of  damage  or 
price  (if  any  there  be)  which,  according  to  the  just  and  reasonable  in 
terpretation  of  the  contract,  the  said  contractor  should,  in  the  opinion 
of  said  commissioner,  pay  to  the  said  city  for  any  failure  to  properly 
commence  and  prosecute,  or  to  properly  construct  said  work,  in  all  re- 
spects, according  to  the  conditions  hereinbefore  specified,  or  for  any 
other  default ; and  it  is,  hereby,  understood  and  agreed,  that  for  any 
amount  of  damage  or  price  determined  by  said  commissioner  to  be  paid 
to  said  city  by  said  contractor  for  any  such  default,  or  for  any  money 
paid  out  by  said  city  on  account  of  said  contractor  in  consequence  of 
any  default,  there  shall  be  applied  in  payment  thereof  a like  amount 
of  any  mone}^  that  may  be  due  and  owing  to  said  part  of  the  first 
part,  on  account  of  said  work,  so  far  as  there  may  be  any  such  money, 
and  so  far  as  the  same  shall  be  sufficient;  and  if  there  shall  not  be  a 
sufficient  amount  retained  from  the  said  party  of  the  first  part,  then 
and  in  such  case  the  amount  to  be  paid  to  the  said  city  in  consequence 


Forms  and  Precedents. 


452 


of  siicli  default  sliall  be  a just  claim  against  said  contractor  , and  be 

recovered  from at  law,  in  the  name  of  the  city,  before  any  court 

of  com])etent  jurisdiction. 

In  case  the  said  commissioner  of  public  works  shall  deem  it  neces- 
sary to  declare  any  j)ortion  or  section  of  said  work  forfeited,  it  is, 
hereby,  ex])ressly  stipulated  and  understood  that  such  declaration  or 
forfeiture  shall  iiot  in  any  way  relieve  the  contractor  from  the  cove- 
nants iind  conditions  of  this  contract,  but  the  same  shall  be  and  remain 
valid  and  binding  on  said  contractor  . 

And,  it  is  understood  and  agreed  that  no  claim  whatever  will  be  made 
by  the  said  part  of  the  first  part  for  extra  work  or  material,  or  for  a 
greater  amount  of  money  than  is  herein  stipulated  to  be  paid,  unless 
some  changes  in,  or  additions  to,  said  work,  requiring  additional  outlay 
by  the  said  part  of  the  first  part,  shall  first  have  been  ordered,  in 
writing,  by  the  said  commissioner  of  public  works. 

It  is  understood  and  agreed  that  the  said  part  of  the  first  part 
shall  keep  and  maintain  the  said  pavement  in  good  order  and  condition, 

ordinary  wear  and  tear  excepted,  for  the  period  of years  from  the 

completion  and  acceptance  of  the  work,  which  keeping  and  maintain- 
ing shall  include  repairs,  the  necessity  of  which  may  be  occasioned  by 
depressions  or  unevenness  in  the  pavement  arising  from  faulty  material 
or  workmanship,  or  any  other  cause  whatever;  provided,  however,  the 
party  of  the  first  part  shall  not  be  required  to  repair  any  part  of  said 
pavement  which,  after  its  completion  and  acceptance,  shall  have  been 
removed  for  the  purpose  of  laying  or  repairing  any  gas,  sewer  or  other 
pipe.  The  said  party  of  the  second  part,  for  the  purpose  of  securing 
the  performance  by  said  first  part  of  the  said  undertaking  to  keep 
and  maintain  said  pavement  in  good  order  and  condition,  as  aforesaid, 
shall,  upon  the  completion  and  acceptance  of  the  said  work,  retain 

from  the  price  herein  agreed  to  be  paid  therefor  the  sum  of cents 

for  each  and  every  square  yard  of  said  pavement,  and  if  the  said  first 
part  shall  not  within  days  after  notice  so  to  do,  from  the  com- 

missioner of  public  works  or  other  proper  officer  or  department  of  said 
city,  proceed  to  make  such  repairs  as  are  herein  agreed  to  be  made,  the 
said  city  may  immediately  cause  said  repairs  to  be  made,  and  pay  the 
cost  thereof  from  any  money  of  the  said  first  part  in  its  possession. 

At  the  end  of  the  first  year  from  the  completion  and  acceptance  of 
the  work,  if  said  pavement  shall  be  in  good  order  and  condition,  as 

aforesaid,  the  said  city  of  will  pay  to  the  part  of  the  first  part 

the  one  part  of  the  money  which  shall  have  been  retained,  as 

aforesaid,  less  the  amount  which  said  city  may  have  expended  for 
repairs,  as  aforesaid,  and  a like  proportion  of  said  amount  upon  the 
same  conditions  and  with  like  deduction  at  the  end  of  each  succeeding 
year  till  the  whole  shall  be  paid.  It  is  understood  and  agreed  that  the 
said  money  to  be  retained  as  aforesaid  shall  be  deemed  only  as  security 
additional  to  the  bond  of  said  first  part  executed  to  secure  the  per- 
formance by  said  first  part  of  this  agreement,  and  that  the  liability 


Special  Assessments  and  Taxation.  453 

•of  said  first  part  and  his  sureties  on  said  bond  shall  be  the  same  as  if 
no  money  should  be  retained  as  aforesaid. 

The  said  city  of  , hereby,  covenants  and  agrees,  in  consideration 

of  the  covenants  and  agreements  in  this  contract  specified,  to  be  kept 
and  performed  by  the  said  part  of  the  first  part,  to  pay  to  said  part 
of  the  first  part,  when  this  contract  shall  be  wholly  carried  out  and 
completed  on  the  part  of  said  contractor  , and  when  said  work  shall 
have  been  accepted  by  said  commissioner  of  public  works,  and  when 
also  the  special  assessment  or  assessments  levied,  or  to  be  levied  for  the 
same,  shall  be  collected . 

In  case  the  city  of  should  become  the  purchaser  of  any  special 

assessment  certificate  at  any  sale  for  the  delinquent  special  assessments, 
in  default  of  other  bidders,  such  purchase  shall  not  be  deemed  a col- 
lection of  such  special  assessment,  and  no  act  of  the  city  done  or  suf- 
fered, shall  be  construed  as  a collection  of  any  special  assessment  or 
part  thereof,  until  the-  money  due  thereon  shall  be  actually  paid  in  to 
the  city  treasury. 

It  is  further  agreed,  that  in  case  the  said  contractor  or  contractors 
shall  abandon  or  in  any  way  or  manner  fail  to  complete  said  work,  the 

city  of is,  hereby,  authorized  and  empowered  to  pay  to  any  laborer 

or  laborers  who  may  have  been  employed  by  such  contractor  or  con- 
tractors upon  the  above  described  work,  out  of  the  funds  due  said 
contractor  or  contractors,  upon  the  estimates  of  the  commissioner  of 
public  works,  at  the  time  said  commissioner  shall  declare  said  contract 
forfeited,  any  and  all  sums  of  money  which  may  be  found  to  be  due 
and  owing  to  such  contractor  or  contractors  under  this  contract,  and 
without  giving  any  notice  whatsoever  to  said  contractor  or  contractors 
of  the  intention  so  to  do.  And,  in  every  such  case,  the  city  comptroller 
is,  hereby,  authorized  and  empowered,  to  ascertain  the  amount  or 
amounts  so  due  and  owing  to  any  such  laborer  or  laborers,  from  said 
contractor  or  contractors,  in  such  manner  and  upon  such  proof  as  he 
may  deem  sufiicient,  and  without  giving  any  notice  of  such  proceedings 
to  said  contractor  or  contractors.  And  the  amount,  or  amounts,  so 
found  by  him  to  be  due  and  owing  to  such  laborer  or  laborers,  shall  be 
final  and  conclusive  as  against  said  contractor  or  contractors,  and  may 
thereafter  be  paid  over  by  said  city  to  such  laborer  or  laborers.  And, 
no  estimate  will  be  issued  to  said  contractor  or  contractors  until  all 
claims  for  labor  on  this  contract  shall  have  been  satisfied,  said  sums  of 
money  being  payable  out  of  the  proceeds  of  the  special  assessment 
levied,  and  out  of  the  proceeds  of  any  special  assessment  which  shall 
hereafter  be  levied,  for  said  improvement  and,  also,  from  the  general 
fund  of  said  city,  as  assessed  or  to  be  assessed  against  said  city,  as  its 
relative  equitable  proportion  of  the  estimated  cost  of  said  improvement, 
the  proportion  to  be  paid  by  said  city  of  the  amount  assessed,  or  to  be 
assessed  against  said  city,  being  the  proportion  which  the  whole  amount 
assessed,  or  to  be  assessed,  bears,  or  shall  bear,  to  the  actual  cost  of 
said  improvement ; the  said  part  of  the  first  part  agreeing,  hereby,  to 


Forms  and  Precedents. 


454 

iiKike  no  claim  against  said  city,  in  any  event,  except  from  tlie  collec- 
tions of  the  8})ecial  assessment  made  or  to  be  made  for  the  said  improve- 
ment, and  to  take  all  risk  of  the  invalidity  of  any  such  special  assess- 
ments, the  said  party  of  the  second  part  not  to  be  liable,  in  any  event, 
by  reason  of  the  invalidity  of  special  assessments,  or  any  of  them,  or  of 
the  ])roceedings  therein,  or  for  failure  to  collect  the  same. 

It  is,  also,  agreed  by  said  city  that,  if  the  rate  of  progress  shall  be 
satisfactory  to  said  commissioner  of  ])ublic  works,  and  when  it  shall 
appear  that  all  claims  for  labor  as  aforesaid  shall  have  been  satisfied, 
estimates  will  be  issued  to  said  part  of  the  first  part,  during  the  mak- 
ing of  said  improvement,  for per  cent,  of  the  value  of  the  work 

done  and  in  place  at  the  time  of  issuing  such  estimates,  and  estimates 
for  the  remainder,  less  the  amount  reserved,  as  hereinbefore  provided, 
will  be  issued  upon  the  final  completion  and  acceptance  of  said  work. 

It  is,  also,  understood  and  agreed  that  there  shall  be  reserved  by  said 
city  any  excess  of  the  assessments  levied  for  said  improvements  over 

and  above actual  cost,  so  that  the  same  may  be  rebated  to  property 

owners  when  the  actual  cost  shall  be  ascertained  ; and  that  said  esti- 
mates will  accordingly  be  paid  fully  only  when  the  assessment  or  as- 
sessments levied,  and  which  may  hereafter  be  levied,  for  said  improve- 
ment, shall  be  wholly  collected  ; so  that  the  aggregate  of  all  payments 
to  be  made  on  all  vouchers  and  estimates  on  account  of  said  improve- 
ments, issued  prior  to  the  full  collection  of  said  assessment,  together 
with  the  amount  of  said  excess  of  assessment  to  be  rebated  to  property 
owners,  shall  not  exceed  the  full  amount  of  cash  collections  in  the 
treasury  of  said  city  to  the  credit  of  said  assessment  fund. 

In  testimony  whereof,  the  said  part  of  the  first  part  ha  hereto 
set hand  and  seal  , and  the  said  city  of has  caused  this  agree- 

ment to  be  signed  by  its  commissioner  of  public  works,  countersigned 
by  its  comptroller,  and  approved  by  its  mayor,  the  day  and  year  first 
above  written. 

[L.  S.] 

[l.  6.J 

^ [L.  S.'J 

, Commissioner  of  Public  Works. 

Countersigned, , Comptroller. 

Approved, , Mayor. 


8.  ORGANIZATION  OF  VILLAGES. 

Section.  Section. 

1006.  Petition  to  submit  question  of  re-  1008.  Notice  of  election. 

organization  of  a town.  1009.  Petition  for  new  organization. 

1007.  Record  entry  of  order  of  submis- 

sion. 


Organization  of  Villages.  455 

1006.  Petition  to  submit  the  question  of  re-organization  of  a 
town  as  a village.] 

To  the  president  and  trustees  of  the  town  of : 

The  undersigned,  thirty  voters  in  the  said  town  of do,  respect- 

fully, petition  you  to  submit  to  the  legal  voters  thereof,  the  question 
whether  such  town  will  become  organized,  as  a village,  under  the  act 
of  the  general  assembly  of  the  state  of  Illinois,  approved  April  10, 
1872,  entitled  ‘‘  An  act  to  provide  for  the  incorporation  of  cities  and 
villages”,  and  the  amendments  thereto. 

And  your  petitioners  will  ever  pray  etc. 

1007.  Record  entry  of  order  of  submission.] 

Whereas,  the  petition  of  , and  others  {specify  the  num- 

her  of  others\  legal  voters  in  the  town  of , has  this  day  been  pre- 

sented to  the  president  and  trustees  of  said  town,  praying  that  the  ques- 
tion whether  said  town  wdll  become  organized,  as  a village,  under  the 
act  of  the  general  assembly  of  the  state  of  Illinois,  approved  April  10, 
1872,  entitled  “An  act  to  provide  for  the  incorporation  of  cities  and 
villages’’  and  the  amendments  thereto  be  submitted  to  the  legal  voters 
thereof.  It  is,  therefore,  ordered,  that  the  said  question  be  submitted 
accordingly  and  that,  for  that  purpose,  an  election  be  held  in  said  town 

on  the  — day  of  , 18 — , at , and  that , and  

are,  hereby,  appointed  judges  to  hold  such  election. 

1008.  Notice  of  election.] 

Public  notice  is,  hereby,  given  that  in  accordance  with  a petition, 
for  that  purpose,  of  thirty  voters  and  of  the  order  thereon  made,  an 

election  will  be  held  in  the  town  of , on  the  — day  of , 18 — , 

at , at  which  a vote  of  the  legal  voters  will  be  taken  on  the  ques- 

tion whether  said  town  will  become  organized,  as  a village,  under  the 
act  of  the  general  assembly  of  the  state  of  Illinois,  approved  April  10, 
1872,  entitled  “an  act  to  provide  for  the  incorporation  of  cities  and 
villages  ” and  the  amendments  thereto. 

Dated  this  — day  of , 18 — . 

, President. 


I Trustees. 


1009.  Petition  to  county  judge  for  new  organization.] 

To  the  honorable  the  county  judge  of county  : 

The  undersigned,  thirty  legal  voters  resident  within  the  limits  of 
the  contiguous  territory,  hereinafter  fully  described,  situated  in  the 

said  county  of , not  exceeding  in  area  two  square  miles  and  which 

55 


450 


Forms  and  Preced?:nts. 


has  tliereon  a population  of  at  least  three  Imiidred  inhabitants  to  wit : 

a po})ulation  of inhabitants,  and  which  territory  is  not  included 

within  the  limits  of  any  incorporated  town,  village  or  city,  to  wit: 
\ describe  the  territory  with  accuracy  and  definitely^  respectfully  show 
unto  your  honor  that  it  is  desired  that  said  territory  may  become  incor- 
porated as  a village  under  the  act  of  the  general  assembly  of  the  state 
of  Illinois,  ap|)roved  April  10,  1872,  entitled  “An  act  to  provide  for 
the  incorporation  of  cities  and  villages’’  and  the  amendments  thereto, 

and  that  the  name  proposed  for  said  village  is . Your  petitioners, 

therefore,  pray  that  the  question  may  be  submitted  to  the  voters  of 
such  proposed  village  whether  they  will  organize,  as  a village,  under 
the  act  of  the  general  assembly  aforesaid. 

And  your  petitioners  will  ever  pray  etc. 


INDEX 


A. 

Acknowledgment  sec. 

Of  all  official  bonds  required 654 

Effect  thereof,  as  evidence 654 

Of  town  plats,  additions  to  or  sub- 
divisions of,  required 682 

Effect  of 681 

Of  vacation  of  plat,  etc 684 

Form. 

Certificate  of,  to  officer’s  bond 654 

Advertisements 

Publication,  see. 

Exhibition  on  streets;  power  to 
regulate ...  .cl.  18,  65 

Affirmation 

Oath,  see. 

Affray 

Power  to  prevent  and  suppress,  cl.  72,  65 

Agricultural  College,  etc. 

Exemption  from  taxation  . . .cl.  10,  757 

Alderman 

On  organization  as  city,  may  be 

elected  on  general  ticket 7 

A member  of  council 30 

Number  of,  in  council 31 

Term  of  office 32 

Vacancy  in  office,  filled  by  election.  33 

Qualifications  of 34,  84 

Conviction  of  bribery  vacates  office.  36 

86,  664 

Disorderly  conduct;  council  punish 

or  expel 36 

Interest  in  contract,  etc.,  prohib- 
ited  664,  908 

Compelling  attendance  of 37 

Three  may  call  special  meeting  of 

council 46 

Power  to  pass  ordinance  over  veto . . 47 

One  elected  annually  for  each  ward.  54 

At  first  election,  classified 55 

Minority  representation 56-8 

No  quorum  in  office,  may  call  spec- 
ial election  when 63 

Council  canvass  election  returns. . . 60 


Alderman  — Continued.  sec. 

Not  hold  any  other  city  office. . .87,  663 

Penalty,  for  malfeasance 665 

Conservator  of  the  peace 90 

Compensation  of 94 

Aliens 

Employment  in  public  service,  etc., 

prohibited 228 

on  work  of  sanitary  district 328 

Employes  on  public  work  must 
show  citizenship  or  declaration  to 

become 229 

Public  money  on  contract  paid  to 
alien,  liability  of  disburser  . . . . 230 
Alien  employe  on  public  work,  dis- 
charge of 232 

Failure  to  take  out  final  papers 233 

Not  appointed  special  police,  .cl.  68,  65 

Alley 

Streets,  see. 

Amusements 

Power  to  license,  tax,  regulate, 

etc cl.  41,  65 

to  regulate  places  of cl.  58,  65 

to  prevent  and  regulate  on  streets 

cl.  92,  65 

Form. 

License  to  maintain 965 

Animals 

Dogs;  Horses;  Pig-sty,  see.^ 

Power  to  restrain  and  prohibit,  run- 
ning at  large cl.  80,  65 

Certain  male,  not  to  run  at  large. . 234 
Restraint  of  the  same,  taking  up 

and  redemption 235 

Male  animal  at  large,  penalty 236 

when  an  estray 237 

Domestic  at  large;  prohibition 237a 

Regulation  of  speed  on  streets,  cl.  21,  65 

Power  to  prohibit  and  punish  cru- 
elty to cl.  73,  65 

Jurisdiction  of  injury  to,  by  rail- 
road   cl.  26,  65 

Annexation  of  Territory 

Number  of  Aldermen 31 


458 


Index. 


Annexing  and  Excluding  bec. 

Territory 238-265 

Annexation  of  adjoining  city,  etc., 

procedure,  election,  result 238 

of  part  of  city,  etc 238 

of  the  whole  or  j)art 240 

Assumption  of  debts  and  liabilities.  241 
Annual  tax  levy,  include  annexed 

lands 242 

Taxes;  collection  not  stayed  by  an- 
nexation  243 

proceeds,  how  applied  243 

Pending  actions,  prosecution  and 

defense  of 244 

Parts  of  city  annexed — debt;  pub- 
lic i)roperty 245 

annual  tax  levy 246 

Streets,  improvement  or  opening 

not  delayed 247-8 

Water  works;  light 249 

Disputed  matters — settlement  of . . . 250 
Public  records  and  papers;  transfer  251 
Otlicers,  in  detached  portions,  hold 

over 252 

Justices  of  peace 253 

Police  magistrate 253 

Police  and  firemen  created  officers 

of  annexing  municipality 254 

Dram  shops  — prior  prohibition  — 

election  as  to  licensing. 255 

Wards,  how  constituted 256 

Representation  in  council 256 

Sew'erage  and  drainage  district,  how 

created 257 

Annexation  of  towns 258 

pleasure  driveway  and  park  dis- 
trict, annexing  adjoining  terri- 
tory  673j 

School  inspectors,  powers  over  an- 
nexed territory 862 

Disconnecting  territory,  how 260 

Lands  not  laid  out  into  lots  or 
blocks,  by  council  or  trustees..  261 
ordinance  required,  record  of.  ..261-2 

taxation  for  prior  debt 261 

Lands  on  border,  within  town,  in 

county  court  265a 

elections 265a 

taxation;  levy  and  use 265c. f 

debts  and  property 265d 

improvements  not  stayed 265g 

sewer,  water  works  or  light  sys- 
tem   265h 

officers,  vacancies,  when 265i 

school  district  etc.  not  altered 265j 

Appeal 

From  clerk  or  comptroller,  on  set- 
tlement of  accounts 119 

justice,  etc.,  returnable  to  city 

court 291 

Lies  to  supreme  from  city  court. . . 297 


Appeal — Continued.  sec. 

From  judgment  condemning  prop- 
erty  682 

adding  to  or  erasing  name  from 

election  register  401 

on  contest  ot  election 543 

Apprentice 

Power  to  prohibit  sale  of  liquor  to, 

cl.  48,  65 

Appropriations 

Council  make  for  corporate  pur- 
poses only cl.  2,  65 

Yea  and  nay  vote  required 42 

Ordinance,  when  passed 100,  122 

No  contract  without  prior 102 

Ordinance  include  appropriation  of 

territory  annexed 241 

may  fix  compensation  of  officers.  96 

Driveway  and  park  district 673f 

Hospital  fund.  604c 

Improvement  by  general  tax 146 

House  of  correction 607 

Library  building 549a 

Form. 

Ordinance  making 976 

Areas 

Power  to  regulate  construction,  re- 
pair and  use cl.  57,  65 

Arrest 

Constable  or  sheriff  may  make 73 

Prisoner,  conveyance  of 92a 

Forms. 

Complaint,  violation  of  ordinance.  953 

Warrant  for  arrest 945 

disorderly  conduct 956,  958 

Indorsement  special  bail 956 

Ashes 

Prevention  of  deposit  on  sts.  .cl.  15,  65 

Ass 

Running  at  large,  prohibited 237a 

Assembly,  Public 

Disorderly  Assembly,  see. 

Peaceable,  a right p.  3 

Assessment 

Special  Assessments  ; Tax  and 
Taxation,  see. 

Attorney 

City  Attorney;  State’s  Attor- 
ney, see. 

Recovery  of  fees  by,  from  sanitary 
district,  when . 336 

Auctioneers 

Power  to  tax  and  regulate  . . .cl.  91,  65 

Auditor  of  State 

Annexing  of  territory,  report  to  and 

duty 241 

Town,  division  of,  report  to  and 

duty 265e 

Registration  of  municipal  bonds. . . 734 


Index. 


459 


Awnings  sec. 

Regulation  of,  on  streets  ....  cl.  17,  65 

B. 

Ball  Alley 

Power  to  license,  regulate,  tax  or 


prohibit cl.  44,  65 

Ball  Playing 

Power  to  prevent  and  regulate,  on 
streets  . cl.  92,  65 

Ballot 

Elections,  see. 

Bank 

For  city  deposits,  give  bond 107 

Banners 


Exhibition  of,  regulation  of.  ..cl.  19,  65 
Bawdy  House 

Power  to  suppress cl.  45,  65 

Bell 

Railroad,  prescribed  and  use  of  . . . 743 

Benzine 

Power  to  regulate  and  prevent  stor- 


age of cl.  65,  65 

Billiards 

Power  to  license,  regulate,  tax  or 
prohibit  tables cl.  44,  65 

Bill  Posting 

Regulate,  on  streets  cl,  17,  65 

Blacksmith  Shop 


Power  to  locate  and  regulate . . .cl.  82,  65 

Boar 

Not  to  run  at  large 234-237 

Board  of  Election  Commis- 
sioners 

Elections,  see. 

Board  of  Health 

Power  to  appoint,  and  prescribe 
duties  of cl.  76,  65 

Boilers 

Steam  Boilers,  see. 

Power  to  prevent  dangerous  con- 
structiou  of cl.  63,  65 

Bonds 

Railroad  aid  and  other  bonds, 
see 729-741 

Municipal,  council  issue  for  money 

borrowed cl.  5,  65 

Issue  to  meet  maturing  or  fund 

debt cl,  6,  65 

Assumption  of  debt  on, on  annexa- 
tion of  territory 241 

Who  to  execute 741 

Issue  of,  to  prevent  inundation . . 306 

Payment  of  such  bonds 307 


Bonds— Continued.  sec. 

Rights  of  bond  holders  311 

Issue,  for  improvements  in  sani- 
tary districts 326 

Issue  of,  in  anticipation  of  taxes.  332 

Registration  of  municipal 734-738 

Auditor  of  state;  duties  as  to. 734-739 


Improvement;  instalments  of 

assessments 197a 

Park  existing,  for  improvement,  678a 
Water  supply,  assessment  instal- 
ments   915 

Forms. 

Indorsement  by  land  owner  on 

drainage  etc 300 

Improvements;  instalments  of  cost, ..  197b 

Official;  acknowledgment  of 654 

Effect  as  evidence 654 

Of  election  commissioners 369 

Of  officers  of  house  of  correction. . . 621 

Of  oil  inspector 667 

Of  treasurer  as  to  police  and  fire- 
man’s fund 691 

Police  magistrates  to  give 224 

Village  trustees  prescribe,  as  to 

officers 219 

New  or  additional  may  be  required, 

when  654 

Sureties  on,  released  when 655-656 

New  bond;  effect  of 656 

Sureties  on,  take  effects  of  prin- 
cipal, when 657 

Suit  on,  how  brought 658 

Execution  on  judgment 659 

Forms. 

Ordinance  fixing  amount  of 970 

Of  city  officer 971 

Certificate  of  acknowledgment. . . . 654 
Indemnity;  on  payment  to  use  pri- 
vate property;  use  of  premises 

condemned  on  bond  583 

Indorsement  for  persons  under  dis- 
ability for  damage 309 

For  costs,  in  suit  to  recover  penalty 

on  injury  to  bridge  .etc 812 

City  deposits;  by  bank  receiving 107 

Saloon  keepers 653 

Forms. 

For  licenses  to  do  business 961 

for  grocery  962 

for  saloon 963 

Bone  Factory 


Power  to  locate  and  regulate,  .cl.  81,  65 
Bonfires 

Power  to  regulate  and  prevent  build- 


ing of cl.  65,  65 

Boulevard 

Parks,  Streets,  see. 

Boundary 

Jurisdiction  over  waters 74-76 


Index. 


Bread  PEC. 

Power  to  regulate  sale  of cl.  52,  65 

Brewer 

Power  to  tax  and  regulate. . . .cl.  91,  05 

Brewery 

Power  to  locate  and  regulate.  ..cl.  82,  65 

Bribery 

Conviction  of,  disqualifies  for  office,  p.  3 
Alderman  convicted  of;  office  va- 
cated   36,  86,  664 

Penalty 86 

Brick 

Power  to  regulate  inspection  of  etc., 

cl.  54,  65 

Bridewell 

House  op  Correction,  see. 

Establish,  erect  and  regulate,  .cl.  69,  65 

Detention  of  defendants  in 292 

To  be  known  as  house  of  correction.  619 

Bridge 

Ferries  and  Bridges;  Roads,  see. 
Power  to  construct,  repair  and  regu- 
late use cl.  28,  65 

to  regulate  opening  and  passing 

of cL  38,  65 

license  and  regulate  or  acquire. . 592 

Fast  driving  on;  penalty 595 

Injury  to. ..  . 811-812 

Duty  at  railroad  crossing 749 

Broker 

Power  to  tax,  license  and  regulate, 

cl.  91,  65 

Bull 

Not  to  run  at  large 234-237 

Business 

Power  to  forbid  offensive  or  un- 
wholesome  cl.  83,  65 

Forms. 

Bond  for  license  to  conduct 961 

License  to  conduct 964 

Butter 

Power  to  regulate  sales cl.  50,  65 

to  provide  for  inspection  of  . . cl.  53,  65 

C. 

Cable  Railway 

Pre-requisite  of  grant  of  way,  on 
streets ch.  90,  65 

Cabmen 

Power  to  license,  tax  and  regulate, 

cl.  42,  65 

Calaboose 

Power  to  establish,  erect  and  regu- 
late   cl.  69,  65 


Canals  sec. 

Power  to  cleanse,  etc cl.  40,  65 

Canals  and  Slips 

Power  to  c<mstruct  and  repair,  cl.  31,  65 

Carters 

Power  to  license,  tax  and  regulate, 

cl.  42,  65 

Cattle 

Power  to  license,  tax  and  regulate, 

cl.  42,  65 

At  large,  prohibition 237a 

Cellar 

Power  to  locate,  cleanse  etc.  ..cl.  84,  65 

Cemeteries 

Exemption  from  taxation  ...  .cl.  3,  757 
Power  to  establish,  regulate,  re- 
move and  prohibit  cl.  79,  65 

Jurisdiction  of, beyond  limits.. cl.  79,  65 

Removal  of,  from  city  etc 266 

City  etc.  may  establish,  acquire  land 

for  and  sell 267 

Several  cities  etc.  may  join  to  ac- 
quire etc 268 

Council  may  lease  or  sell  land  for.  269 
Control  of,  in  corporate  authorities.  270 

Census 

Power  to  take cl.  85,  65 

Certiorari 

Issues  from  city  court  to  justices 
etc. 291 

Cesspools 

Pow'er  to  construct,  repair  and  reg- 
ulate  cl.  29,  65 

Change  of  Name 

Name,  see. 

Change  of  Venue 

From  city  court 293 

Charity,  Public 

Exemption  from  taxation cl.  7,  757 

Cheese 

Power  to  provide  for  inspection  of 

cl.  53,  65 

regulate  sale  of cl.  50,  65 

Chicago 

Bonds  to  meet  maturing  bonds  . . . 729 

Constituted  a drainage  district 312 

Powers  of,  as  such 313-317 

Sanitary  district;  police  force.  . . .344a 

Justices  in,  appointed p.  6 

Term  of p.  6 

Removal  of p.  6 

Chicago  River 

River,  see  also. 

Power  to  widen  and  deepen 313 


Index. 


461 


Chimney  sec. 

Power  to  prevent  dangerous  con- 
struction of cl.  63,  65 

Church 

No  aid  to,  from  public  fund p.  7 

Exemption  from  taxation  ...  .cl.  2,  757 

Doors  to  open  outward 726 

Penalty 727 

Circuit  Court 

Jurisdiction  of  disputes  on  annexa- 
tion of  territory 249-250 

and  procedure,  eminent  domain.  572 
of  persons  under  disability,  to  in- 
dorse drainage  bonds 309 

Two  judges  of,  act  as  commission- 
ers of  sanitary  district 318 

Change  name  of  town  or  village. . . 279 
Transcript  of  judgment  of  city  court  295 

fees 296 

City  court  disestablished,  records 

transferred  to  300 

Judge  of  city  court  may  interchange 

with  judge  of 285 

Town  divided;  property  and  debts . 265e 
Water  supply;  jurisdiction  of  rates.921a 

Cisterns 

Power  to  regulate  construction,  re- 
pair and  use cl.  57,  65 

Citizenship 

Alien,  see. 

City  and  Village 

City  Council;  Elections;  Incor- 
poration; Mayor;  Police  and 
Fireman’s  Fund;  Revenue; 
Schools,  see. 

Courts  notice  organization  under 

general  law 6 

How  incorporated  under  general  law  1 

General  incorporation  law  applies, 

when 6 

When  organized  under  general  law  3 

How  town  may  become 4 

Notice  of  election  to  incorporate 

under  general  law 2 

Contiguous  territory,  how  organ- 
ized as  5 

Petition  to  organize  territory  as  . , . 5 

County  judge  fix  time  and  place  for 

election 5 

appoint  judges  of  election 5 

give  notice  of  election 5 

name  judges  of  election 5 

Canvass  of  returns 5 

Majority  of  votes  for,  territory  or- 
ganized as ...  5 

Vote  as  to  adoption  of  general  law, 

at  general  or  special  election. . 1 

to  incorporate  under  general  law, 
result  recorded 3 


City  — Continued.  sec. 

Town  organized  as,  entry  on  records  7 
Record  entry  and  canvass  of  votes, 
on  organization,  to  be  recorded. . 13 

Same  filed  with  secretary  of  state..  13 
Incorporation  voted,  certain  officers 

act 3 

Town  organized  as;  election  of 

officers 7 

Territory  organized  as, county  judge 

call  election  of  officers 8 

Canvass  of  returns 8 

Notice  of  election  of  officers 7 

Aldermen  may  be  elected  on  general 

ticket • 7 

Organization  as,  first  officers’  term.  9 

Register’s  office  abolished 14 

Organization  as,  bodies  corporate, 

name ..  ...  10 

General  powers  of 10 

Change  from  city  to,  procedure 209 

Organization  of  territory  within  a 


Incorporation,  laws  not  inconsistent 

still  in  force 6 

Change  of  organization,  ordinances 

in  force,  until . 11 

legal  identity  not  changed 11 

Reorganization  as, property  vests  in,  12 

liabilities  remain 12 

new  remedies,  cumulative 12 

Laying  out,  addition  to  or  subdivis- 
ion of,  to  be  recorded 679 

Annexation  of  one  to  another,  pro- 
cedure  238 

Petition,  contents,  etc 238 

'Annexation  of  parts  of  cities,  etc.. 


of  part  or  whole  may  be  voted 

on  at  one  election 240 

Assumption  of  debts,  etc 241 

Pending  actions  for  or  against, 
annexation  not  meddle  with 

prosecution  or  defense 244 

Part  of  city  annexed;  apportion- 
ment of  debt; 'title  to  pro- 
perty  245 

annual  tax  levy  apportioned. . . 246 


On  annexation,  improvement  of 

streets  ordered,  carried  on. . 247 
opening  of  streets  not  arrested.  248 
of  part,  residue  has  use  of  wa- 


ter works 249 

of  gas  and  electric  light 249 

submission  of  disputed  matters  250 

transfer  of  records,  etc 251 

officers  hold  over  until  annual 

election 252 

justices  and  police  magistrates 

serve  term 253 

police  and  firemen  retained  . . . 254 


licensing  dram  shop,  regulated  255 


Index. 


462 


City  — Continued.  bec. 

representation  in  council  — 

wards 256 

sewerage  and  drainage 257 

^J’erritory  annexed  to  towns  may 

be  annexed  to 258 

Disconnecting  territory,  proced- 
ure  261 

Ordinance  recorded 262 

change  of  territory;  judicial  no- 
tice taken  of 263 

Election  law,  adoption  of 351 

\Vho  may  vote  at  election 53 

Election,  annual 49 

Time  of  bolding  election 49,  50 

Opening  and  closing  polls 51 

Election  of  mayor,  clerk,  attorney 

and  treasurer  biennial 52 

Alderman,  election  of 54-58 

Council  designate  place  etc.  of 

elections 59 

Elections,  bow  conducted 60 

Election  tied,  bow  determined. . . 61 

Clerk  notify  persons  elected  or  ap- 
pointed   62 

Special  elections 63-64 

Finances  of 99-121 

Indebtedness  limited ,.p.  10 

Fiscal  year,  commences  when. . . 99 

Appropriation  ordinance,  when 

passed 100 

limitation  of  annual  expendi- 
tures   101 

Borrow  money  in  emergency. ...  101 

to  pay  judgment 101 

Ko  contract  made  without  prior 

appropriation 102 

Duties  of  treasurer 103-110 

of  collector 111-114 

of  comptroller 115-117 

Power  to  issue  bonds  and  to  fund 

old  debts 729,  731 

FTot  subscribe  to  or  aid  private 

corporation p.  12 

Ko  payment  for  sectarian  pur- 
poses   p.  7 

Power  to  sell  and  convey  pro- 
perty  813-815 

Exemption  from  taxation, cl. 6,8,9,  757 
Apportionment  of  special  assess- 
ments as  to  property  subdivided  794 
Uniformity  of  taxation  restored. . 795 
Annual  tax  levy,  to  include  an- 
nexed territory 242 

Taxes,  collection  not  stayed  by 

annexation 243 

collected  paid  to  treasurer  of 

annexing  city 243 

Road  tax,  as  to  city 810 

Power  to  buy  at  tax  sale 796 

Rebate  of  tax  on  property  de- 
stroyed  797-798 


City — Continued.  sec. 

Refiiud  tax  illegally  collected. . . 799 

Warrants  on  treasury  ... 800-801 

Power  to  compel  st.  laborer  comu’n. 77 
OiiDiNANCES,  when  in  force;  publi- 
cation   67 

Police  district,  a city  is 91 

certain  officers,  conservat’s  of  peace . 90 

Damage  by  mob  or  riot 802-808 

May  elect  police  magistrate 225 

May  impose  fines  and  penalties. . 78 

Fines  & license  fees,  payment. . . 70 

May  contract  with  county  as  to 

use  of  bouse  of  correction 612 

County  board  not  issue  liquor 

licenses  in 681 

Compel  erection  of  fire  escapes. . 596 
St.  railr’d,none  witbo’t  consent  of  p.l2 

Location  of  consent  essential 603 

consent  subject  to  police  power  604 
Railroad  starting  without  signal.  744 

speed;  penalty  etc 754 

Telegraph  poles  in  streets  etc., 

consent  required 897 

Public  warehouse,  weekly  report. p.  12 
Aliens;  employment  of  unlawful.  228 
False  certificate  of  non  alienage. . 231 
Treasurer  paying  public  funds  to 

alien  employe,  iliability 230 

Police,  alien  not  special cl.  68,  65 

Animals  at  large,  prohibited 237a 

Levee  or  embankment,  cutting  or 

destroying 637a 

Library,  establishm’t  & mainten’ce.638 
incorpr’tion,  on  basis  of  donation.  649e 

building  for 649a 

Police;  alien  or  non-resident  not 

special cl.  68,  65 

Prisoner,  conveyance  of 92a 

Schools,  board  of  educat.,  city  not 

20,000 857 

directors  assume  prior  city  debt. . 861 
city  not  over  100,000;  control  of 

annexed  district 862 

compulsory  education 862d 

Sparrows,  bounty  law 870a 

Waterworks;  supply  water 908 

Contracts,  how  let  908 

Joint  contracts  allowed 908 

Member  of  council  etc.  to  have 

no  interest 908 

Borrow  money  and  tax 909 

Acquisition  of  property  for 910 

Making  rules  for  and  assess  and 

collect  water  rates 911 

SpT  assessm’t  for  pipe  laying  etc.  912 
Water  fund  kept  distinct;  appli- 
cation of  proceeds 913 

Bonds,  assessments  payable  by  in- 
stalments   915-917 

Contract  for  water  supply 918 

Levy  and  collect  tax  therefor 919 


Index. 


403 


City — Continued.  sec. 

Power  to  extend  water  system. . . 920 
to  increase  works,  etc.  raise 

money  etc 921 

Power  to  purchase  or  lease 914a 

Water  rates,  control  of 921a 

Water  fund  and  light  tax 922 

Forms. 

Oath  of  officer 82 

Contractor’s  release  on  work  done 

by  special  assessment 193 

Ordinance — style  of 218 

Petition  for  vote  to  incorporate,  act 

of ’72 923 

Ordinance  submitting  question 924 

Notice  of  election  submitting  ques- 
tion, act  of  ’72  925 

of  annual  election 944 

to  person  elected  to  office 948 

election  to  fill  vacancies  — no 

quorum  in  office  to  call 949 

Appointment  of  judges  and  clerks 
on  special  election  — no  quorum,  950 
Petition  to  organize  contiguous  ter- 
ritory as 928 

Police,  election  to  organize  contig- 
uous territory  as 929 

Return  of  votes  on  incorporated 

under  act  of  ’72  926,  917 

Record  as  to  results  of  election  to 

organize,  act  of  ’72 930 

as  to  call  and  notice  of  election. . 931 

Notice,  election  of  officers 932 

Record,  proceeding;  town  or  village 

organized  as  city 933 

Minority  representation:  petition 

for  vote  on 942 

Record;  submission  thereof  to  vote,  943 

City  Attorney 

Elective  officer 79 

Elected  biennially 52 

A commissioner  of  police  pension 

fund 698 

firemen’s  pension  fund 710 

City  Clerk 

Elective  officer 79 

Elected  biennially 52 

Hold  no  other  city  office 87 

A trustee  of  police  and  fireman’s 

fund 689 

File  bond  of  treasurer  of  police  etc. 

fund 691 

Countersign  warrants  on  police  etc. 

fund 692 

A commissioner  of  police  pension 

fund 698 

A' trustee  of  fireman’s  pension  fund.  710 
May. appoint  subordinates,  when..  120 

Duties  of . . . 88 

Ma^administer*^some  oaths 98 

Gertifie^jcopy  of  recoi^j  Oyideuce,  ,88-9 


City  Ci.rrk  — Continued.  sec. 

Election  returns  deposited  with.  .60,  69 
Notify  persons  elected  or  appointed 

to  office 62 

Give  notice  of  election,  city  to 

change  to  village 209 

Draw  warrant  for  collection  of 

special  assessments 165,  166,  191 

File,  with  county  clerk  ordinance 


apportioning  debts  etc.  on  an- 
nexation of  territory 243 

Record  ordinance  disconnecting 
territory 262 


Publish  treasurer’s  annual  report. . 108 
Countersign  warrants  on  treasury  . 109 
Publish  collector’s  annual  report. . 112 
Supervise  financial  officers,  when. . 113 
Transfer  financial  duties,  when  ...  115 


Register  of  city  bonds,  when IIT 

Attest  bonds  issued 741 

Judgment  for  delinquent  special 

assessments 163 

Issue  warrant  to  county  collector. . 165 
Duty  as  to  building  sidewalk  by 

special  tax 873-4 

Report  of  delinquent  taxes  as  evi- 
dence   874 

Clerk’s  report  of  delinquent  special 

tax 874 

Appeal  from,  on  settlement  of  ac- 
counts   119 

Forms. 

Certificate  of  election  of 973 

His  certificate  in  proof  of  ordinance,  951 
of  incorporation  of  town  or  village 
as  city 933 

City  Collector 

Council  may  provide  for  the  office.  80 

His  duties ...  Ill 

Reports  to  council 112 

Keeping  moneys  after  time  to  pay 

over;  removal 113 

Inspection  of  accounts 114 

Council  prescribe  other  duties  ....  118 
Appeal  to  finance  committee,  as  to 

settlements 119 

May  appoint  subordinates,  when..  120 
Warrant  authorizes  collection  of 

special  assessment  by 166 

Notice  of  special  assessment 167 

Mode  of  collection 168 

Notice  of  special  assessment,  by  in- 
stalments   189 

City  Comptroller 

Council  may  create  the  office 80 

A trustee  of  police  and  fireman’s 

fund 689 

Sign  warrants  drawn  on  police  etc. 

fund 692 

A commissioner  of  police  pension 
fund 698 


m 


Index. 


City  Oomptuollkh— Continued.  sec. 

A trustee  of  lirenmn’s  pension 

fund 710 

May  appoint  subordinates,  when.  ...120 

Appeal  from,  on  settlement  of  ac- 
counts   119 

City  Council 

M.vyou,  llroT;  see. 

Jurisdiction,  territorial 45 

land  suits 45b 

ordinance,  to  enforce 45a 

police 90 

taxation 45b 

watercraft 76 

water  supply  . . . . , 199 

waters  bordering 74-5 

corporate  authority  to  issue  bonds..  197c 

Members  of,  elective  officers 79 

Comi)osed  of  mayor  and  aider- 

men  30 

Aldermen,  number  of 31 

term  of  office 32 

vacancy  filled  by  election 33 

qualifications  of 34 

Police  and  fireman’s  fund,  commit- 
tees, trustees 689 

report  of  fund  to 723 

Divide  by  city  into  wards 54 

Designate  places  for  and  persons 
to  conduct  election  of  aldermen.  59 
Canvass  returns  of  election,  to  in- 
corporate under  general  law. . . 3 

for  aldermen 60 

liow  conducted 60 

Failure  to  elect  officer;  call  special 

election 64 

Judge,  election  of  members 35 

Determine  rules  of  procedure...  36 

Right  of  expulsion 36 

Quorum  (see  Quorum) 37 

Compel  attendance, under  penalty  37 
Prescribe  time  & place  of  meeting  38 
Elect  temporary  chairman,  when.  39 

Sit  with  open  doors  40 

Mayor  report  to,  annually 26 

Clerk  attend  meeting. 88 

keep  journal  of  proceedings. . . 41 

Special  meeting;  who  may  call. . 46 

May  create  Offices,  named 80 

Authorize  appointment  of  subor- 
dinate officers. 120 

Power  as  to  election  or  appoint- 
ment of  officers 80 

Consent  to  appointment  of  officers  81 

Define  duties  of  officers 81 

Prescribe  duties  of  financial  offi- 

rers  118 

Fix  compensation  of  officers 96 

^Mayor’s  office  vacant;  elect  suc- 
cessor, when ...  17 

Mayor  pro  tern.,  elect  when. ...  18 


City  Council — Continued.  sec. 

Mayor  preside  at  meetings,  with 

casting  vote 20 

Mayor’s  removal  of  appointed 

officer,  disapproval  of 21 

Mayor,  inform  and  recommend. . 26 

report  release  of  i)risoiiers  to . . . 23 

Prescribe  place  of  liolding  city 

courts 282 

Change  of  name  of  city,  procedure,  271 
272,  274-276 

Submit  to  vote  question  of  incor- 
poration under  general  law. ...  1 

Act  on  petition  to  change  from 

city  to  village 209 

Apportion  debt  of  annexed  terri- 
tory  245 

Representation  of  annexed  terri- 
tory in 256 

Pass  ordinance  to  disconnect  ter- 
ritory   261 

Submit  question  of  licensing  sa- 
loons, when 255 

Ordinances,  style  of 66 

Vote  by  “yea  and  nay,”  when  re- 
quired  42 

Three-fourths  vote  required  to 

vacate  street  etc 877 

Recission  of  vote,  when  forbidden  43 
Committee  report,  when  deferred  44 

Ordinance — approval  or  veto 47 

reconsideration,  passage  over 

veto 48 

When  in  force — publication 67 

Jurisdiction  to  enforce  45a 

Appropriation  bill 122 

Estimated  cost  of  improvement, 

how  made 150 

Direct  proceeding  to  assess  cost..  151 

Ordinance,  how  proved 68 

action  to  enforce  penalties 69 

punishment  of  violators 71 

Justice  of  peace;  jurisdiction  of 

offenses 72 

Police  magistrates;  jurisdiction. . 72 

Process,  service  of 73 

Revision  of  ordinance,  when 29 

Determine  compensation  of  re- 
visor of  ordinances 29 

Powers  granted 65 

Amusements,  license,  tax,  regulate 

etc cl.  41,  65 

regulate  places  of cl.  58,  65 

prevent  and  regulate  on  streets, 

cl.  92,  65 

Animals,  restrain  from  running  at 

large cl.  80,  65 

punish  cruelty  to cl.  73,  65 

Bread;  regulate  sale  of cl.  52,  65 

Breweries,  foundries,  distilleries  & 
blacksmith  shops,  locate. . . .cl.  82,  65 


Index. 


405 


City  Councii.  — Continued.  fiEC. 

Bridewell,  establish  cl.  G9,  65 

Buildings;  regulate  construction, 

cl.  61,  65 

close  public,  when 728 

Business  and  avocation;  license  cer- 
tain   cl.  41-4,  65 

tax,  license  and  regulate  certain, 

cl.  91.  65 

unwholesome,  prohibit  ....  cl.  83,  65 

compel  removal cl.  84,  65 

Cemeteries;  regulate  and  remove, 

cl.  79,  65 

removal  of 266 

may  lease  or  sell  land  for 2 )9 

control  of 

Census,  take ‘ cl.  85,  to 

order  taking  of cl.  85,  65 

Chimneys,  regulate  construction, 

cl.  63,  65 

stoves,  ovens,  manufactories,  boil- 
ers etc.,  regulate cl.  63,  65 

Combustibles  and  fireworks,  regu- 
late storage cl.  65,  65 

County  Jail;  use cl.  70,  65 

Dogs;  tax  cl.  80,  65 

Engine  houses;  erect cl.  64,  65 

Ferries  and  toll  bridges,  estab- 
lish, license  and  regulate. cl.  87,  65 
license,  regulate  and  acquire  . . 694 


acquire,  construct  etc 593 

control 593a,  594 


Finances  and  property;  control 

cl.  1,  65 

Appropriate  money  and  provide 

for  debts cl.  2,  65 

Pass  appropriation  ordinance, 

when 100 

Levy  and  collect  taxes cl.  5,  65 

Fix  amount,  terms,  issue  and  re- 
vocation of  licenses cl.  4,  65 

Borrow  money  and  issue  bonds 

cl.  5,  65 

in  emergency 101 

to  pay  judgment 101 

Issue  bonds,  to  meet  maturing 
bonds  or  for  funding  debt.,  cl.  6,  65 
Eight  to  inspect  treasurer’s  ac- 
counts  103 

Treasurer  report  to,  monthly. . . . 106 

annually 108 

Inspection  of  collector’s  accounts.  Ill 

114 

Collector’s  reports  to 112 

Comptroller’s  annual  estimates  to  115 
May  define  duties  of  comptroller.  116 

Comptroller’s  annual  report 117 

Collector  or  treasurer  — on  settle- 
ment, appeal  to 119 

Fire  Department  provide  for, 

cl.  64,  65 

escapes;  regulate cl.  61,  65 


City  Council  — Continued.  sec. 

liniiis;  prescribe  cl.  62,  65 

Fireworks,  regulate cl.  65,  65 

Forestalling  and  regrating; 

punish cl.  51,  65 

Health;  establish  board  of.  ..cl.  76,  65 
make  regulations  as  to  . . ..cl.  78,  65 

Hospitals;  establish cl.  77,  65 

contribute  to  support  of 604a 

city  of  100,000  establish,  when.  .604b 
House  of  Correction;  establish, 

cl.  69,  65;  605 
act  on  appointment  of  inspectors.  606 

annual  report  to 609 

levy  tax  and  pay  expenses  of 617 

fix  salary  of  superintendent 620 

House  op  ill  fame  and  for  gamb- 
ling; suppress cl-  45,  65 

Intoxication  and  disorderly  con- 
duct, prevent cl.  59,  65 

Itinerant  merchants;  tax,  regulate 

or  prohibit 65 

Junk  and  second  hand  dealers,  tax, 

license  and  regulate cl.  95,  65 

Landings  AND  levees;  may  lease.  625 

protect  site  from  overflow 625-633 

compel  grading  etc 634 

abate  stagnant  water 635 

Libraries  (public);  establish 638 

Appointment  of  directors 639 

removal  of  directors 640 

One  member,  only,  eligible  as 

library  director . . 639 

Library  directors  report  to 644 

Prescribe  penalty  for  injury  to. . 645 

Lumber  yards;  regulate cl.  93,  65 

Markets;  establish  cl.  49,  65 

Merchandise;  inspect cl.  54,  65 

Mills,  mill  races  and  feeders;  au- 
thorize construction cl.  88,  65 

Nuisances;  define  and  abate. . .cl.  75,  65 
Officers;  establish  relations  be- 
tween   cl.  71,  65 

Ordinances  etc.;  pass,  to  effectu- 
ate powers,  with  penalties,  .cl.  96,  65 
Packing  and  rendering  houses, 
soap  and  candle  factories  and 
tanneries;  locate  and  regulate. . . 

cl.  81,  65 

Parks;  may  vest  control  of  streets 

in  commissioners 677 

Partition  fences  and  party  walls; 

regulate.  cl.  60,  65 

Police;  regulate  and  prescribe  du- 
ties   cl.  66,  68,  65 

ordinances;  pass cl.  66,  65 

Provisions,  cotton  and  tobacco; 

inspect cl.  53,  65 

regulate  sale  of ..  .cl.  50,  65 

Publications;  prohibit  sale  of  im- 
moral  cl.  45,  65 


m 


Index. 


City  Council  — Continued.  rec. 

PuHLic  HUiLDiNiJS;  crcct cl.  86,  65 

close  when 728 

Kailuoad;  o])cn  street  or  sewer 

throii^li  land cl.  80,  65 

^rant  to  lay  track  on  i>etition, 

only cl.  00,  65 

Riots,  sujipress cl.  72,  65 

Si'iHiTUOUS  LUiUOHS;  regulate  and 

license  sale  of cl.  46-8,  65 

Permit,  druggist  to  sell 650 

Incense,  dram  shops 650-652 

Steam  boilers;  inspect cl.  67,  65 

Examination,  licensing  and  reg- 
ulation of  engineers 65 

Streets,  wharves,  grounds  etc.; 
lay  out,  alter,  grade,  improve 

etc cl.  7,  65 

vacation  of;  f majority  of  all  mem- 
bers elective  required 877 

Require  inhabitants  to  labor  on.  77 

Plant  trees  on cl.  8,  65 

Regulate  use  cl.  0,  65 

Prevent  and  remove  encroach- 
ments or  obstructions  on.  .cl.  10,  65 
Prevent  hoop  trundling,  ball 

playing  etc.  on cl.  92,  65 

Provide  for  lighting  streets  etc. 

cl.  11,  65 

cleansing  streets  etc cl.  12,  65 

Regulate  openings  for  gas,  water, 
sewers,  tunnels,  drains  and 

erecting  gas  lights cl.  13,  65 

Construct  culverts,  drains,  sewers 

and  cesspools cl.  29,  65 

Drainage  improvement  ordered; 

duty  as  to 5 

survey  and  assessment 305 

improvement  ordered  only  by 

ordinance 310 

Of  Chicago,  organized  as  drainage 

district 312 

diversion  of  waters  of  Des 

Plaines  river 313 

To  contract  between  cities  etc. 

for  sewerage 347 

Power  to  construct  drainage 

works 348 

Regulate  use  of  sidewalks  and 

space  beneath cl.  14,  65 

Construct  sidewalks  by  special 

taxation 871-6 

Regulate  and  prevent  throwing 
etc.  offensive  matter  on  to  or 

injury  to cl.  15,  65 

Provide  and  regulate  cross  walks, 

curbs  and  gutters cl.  16,  65 

Regulate  street  etc.  signs,  posts, 
awnings,  bill  posting  etc.  .cl.  17,  65 
Regulate  banners,  placards  etc., 

cl.  18,  65 

Prevent  flag  or  sign  flying  .cl.  19,  65 


City  Council  — Continued.  sec. 

Regulate  traffic  and  sale  on.. cl.  20,  65 

Regulate  speed  of  animals,  ve- 
hicles and  locomotives. . .cl.  21,  65 
Regulate  house  numbers. . .cl.  22,  65 

Name  streets cl.  22,  65 

Construct  bridges,  viaducts  and 

tunnels cl.  28,  65 

Cede  for  pleasure  drives 886 

Grant  use  of,  for  elevated  rail- 
ways, when  890-1 

Regulate  and  permit  horse  rail- 
ways   cl.  23,  65 

Change  location  and  grade  of  rail- 
road crossings cl.  24,  65 

Powers  as  to  railroad  companies, 

cl.  26-7,  65 

Supplies;  provide  to  contract  for, 

cl.  94,  65 

Tax;  levy,  mode  of 122 

limit  of 122 

appropriation  ordinance 122 

Vagrants,  beggars  and  prostitutes, 

punish cl.  74,  65 

Vaults,  pumps,  sewers,  gutters  and 

areas,  regulate cl.  57,  65 

Water;  make  rules  and  assess 

water  rates  for 911 

Water  Courses;  widen,  dock, 

cover  or  change cl.  30,  65 

And  private  ponds,  cleanse  and 

All cl.  40,  65 

Waters;  construct  canals  or  slips, 

cl.  31,  65 

Docks,  wharves  and  levees,  con- 
struct and  regulate cl.  32,  65 

Anchorage  etc.  of  water  craft, 

control cl.  33,  65 

Tugs,  license  and  regulate. .cl.  34.  65 

Wharfage,  fix  rates  of cl.  35,  65 

Wharfage,  collect cl.  37,  65 

Harbor  and  bridges,  regulate  use 

of cl.  38,  65 

Harbor  masters,  appoint cl.  39,  65 

Weights  and  Measures;  inspect 
and  seal cl.  55,  65 

Forms. 

Rules  and  order  of  business 934 

shorter  form 935 

Notice  of  special  meeting 936 

Ordinance  as  to  absentees 937 

regulating  time  of  meeting 938 

adjourning  regular  meeting  . . . 939 

substituting  day  for  regular  meet- 
ing   940 

Journal  of  proceedings 941 

City  Courts 280-303 

Style  of 280 

Jurisdiction  and  practice  prescribed.  280 

as  to  compulsory  education 861 

Seal  of  and  payment  for 281 


Index. 


467 


City  Courts  — Continued.  sec. 

Place  of  holding,  how  appointed; 

changed  when 282 

Stationery  for  use,  city  provide  . . . 283 
Judge,  qualification,  election,  term, 


Judges  may  interchange  inter  sese 

and  with  circuit  judge 283 

Clerk;  election,  term,  fees,  vacancy.  286 

301 

pro  tern.,  when 286 

Sheriff;  duties  as  in  circuit  court. . 287 

State’s  attorney;  duties  of  287 

pro  tern.,  when  287 

Master  in  chancery;  appointment, 

powers  and  term 288 

Terms  of  court — regular  and  special.  289 

Adjournments 290 

Appeals  from  justices  — certiorari.  291 
Recognizances,  except  when  re- 
turnable to 292 

Change  of  venue 293 

Writs,  orders,  judgment  etc.  lien 

of 294 

Transcript  book  in  circuit  court. . . 295 

fees,  in  circuit  court 296 

Appeal  or  error;  to  supreme  court.  297 

Jurors’  fees;  how  paid 298 

Prior  city  courts  continued 299 

Courts,  how  established  or  discon- 
tinued   300 

Salary  of  judge  fixed 302 

of  state’s  attorney 303 

City  Deposits 

In  bank,  bond  for 107 

City  Marshal 

Council  may  provide  for  the  office.  80 

prescribe  his  duties 80 

Powers  as  of  constable 80 

A conservator  of  the  peace 90 

Prisoner,  conveyance  of 92a 

Sanitary  district  police,  subject  to. 344a 

City  Prison 

House  of  Correction,  nee. 

Detention  of  defendants  in 292 

City  Register 

Office  abolished 14 

City  Treasurer 

Elective  officer 79 

Elected  biennially 52 

Not  his  own  successor 52 

Bond  of  . 82 

Oath  of 82 

Not  hold  any  other  city  office 87 

Receive  all  corporate  funds 103 

Books  etc.  open  to  inspection 103 

Separate  account  of  each  fund 104 

Deliver  receipt  to  person  paying. . . 105 


City  Treasurer — Continued.  sec. 

Monthly  report 106 

Register  of  payments 106 

Deposit  of  funds...., 107 

Removal  from  Office,  when 107 

His  annual  report  108 

Pay  money,  only,  on  warrant 109 

Special  assessment  fund  separate. . . 110 
Bonds;  special  assessment,  deposi- 
tary of  cancelled 197d 

Hospital  fund,  depositary  of 604g 

Patient’s  payments,  depositary  of. . 604i 

Library  fund  keep  separate 642 

Fines  etc.,  payment  to 70 

Taxes  collected  in  annexed  terri- 
tory, paid  to 243,  246 

Pay  fees  of  jurors  in  city  courts. . . 298 

Payment  to  alien  employe  230 

County  treasurer  pay  over  taxes  col- 
lected weekly 126 

Council  may  proscribe  other  duties.  118 
Appeal  to  finance  committee,  as  to 

settlements 119 

May  appoint  subordinates,  wffien.. . 120 
Custodian  of  police  and  fireman’s 

fund 689-90 

A trustee  of  the  fund  689 

Bond,  as  custodian  of  the  fund 691 

Set  apart  certain  moneys,  for  police 

etc.  fund 688 

Receive  and  pay  over  moneys  for 

police  etc.  fund 697 

Payment  from  police  and  fireman’s 

fund 695 

A comm’rof  police  pension  fund. ..  698 

Set  apart  certain  moneys  received, 

for  fireman’s  pension 700 

A trustee  of  fireman’s  pension  fund.  710 

Forms. 

Warrant,  drawn  on 978 

Annual  report 977 

Clerk  of  Circuit  Court 

Keep  record  of  transcripts  of  judg- 
ments of  city  court 295 

Transcript  fees 296 

Clerk  of  City  Court 

Court  established;  election  of 301 

Election,  duties,  fees 286 

Court  disestablished;  transfer  of 

records 300 

Issue  certificates  to  jurors 298 

Transcript  of  judgment,  fees 296 

Clerk  of  Court 

Duty  as  to  proceedings  to  condemn 
property 576 

Coal 

Power  to  inspect  and  weigh. . .cl.  54,  65 

Coal  Oil 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 


ky' 

- 1 


4C)8 


Index. 


Cock  Fights  8EC. 

Power  to  prevent cl.  69,  65 

Compensation 

ilMiNENT  Domain,  see. 

On  tiikint?  private  property 571,  579 

payment,  entry 580 

Of  mayor,  fixed  by  council 93 

Of  alclermCn  and  trustees  94 

Of  ollicers,  fixed  by  ordinance 95 

a[)propriation  ordinance 96 

Of  oflicers,  limited 97 

Collection  of  special  assessments. . . 173 
Council  fix,  of  revisor  of  ordinances.  29 
Ollicers  and  eini)loyes  of  board  of 

education 885 

Driveway  and  j)ark  district,  presi- 
dent and  trustees,  none  673d 

Officers  & employes,  trustees,  fix.  673d 

Hospital  directors,  none .604f 

officers  & assistants,  directors  fix.604g 
School  officers,  certain  receive  none  851 
employes,  city  not  over  100.000,.  862 
Of  officers  and  employes  of  house 

of  correction 607 

None  to  inspection  of  house  of  cor- 
rection   608 

Of  matron  and  teachers  in  house  of 

shelter 616 

Of  superintendent  of  house  of  cor- 
rection   620 

Of  election  officers 473-8 

registration  officers 495 

Of  judge  of  city  court 302 

Of  master  in  chancery  of  city  court.  288 

Of  state’s  attorney  in  city  court 303 

Of  officers,  in  sanitary  districts 321 

Of  inspectors  of  sanitary  channel. . 344 
Of  village  officers,  ordinance  to  fix.  219 

President  of  village  trustees 217 

Alien  employe  forfeits 231 

Concealed  Weapons 

Fines  for  carrying,  applied 697 

Conservator  of  Peace 

Mayor’s  powers  as 22 

Certain  officers  declared  to  be 90 

Constable 

Village  Constable,  see. 

Election  of  . : p.  6 

Reside  in  district  of  election p.  6 

May  serve  process  or  arrest 73 

non  resident  not  made  special.cl.68, 65 
Arrest  for  fast  driving  on  bridge. . .695 

Prisoner,  conveyance  of 92a 

Remove  obstructions  from  view  of 

ballot  box 421 

Constitution 

Arrest  and  detention p.  1 

Penalty — grade  of p.  1 

Eminent  domain p.  1 

Public  assembly p.  3 


CoNSTfTUTiON  — Continued.  sec. 

Office  — disqualification  for p.  3 

State  aid  prohibited p.  3 

Legislation — special  and  local p,  3 

Obligations — release  of,  prohibited.. p.  4 

Officer — his  term  not  extended p.  4 

Drainage p.  4 

Officers,  oath  of  p.  5 

.Judicial  j)owers p.  5 

.Justices  of  the  peace p.  6 

.Justices  in  Cliicago  city p.  6 

Officers,  residence  , and  compensa- 
tion  p.  6 

Suffrage,  right  of p.  7 

Vote,  by  ballot p.  7 

Electors,  privileges  of p.  7 

Electors,  persons  excluded p.  7 

Officers,  persons  excluded p.  7 

Church  or  sectarian  purpose,  aid 

to,  prohibited p.  7 

School  officers,  interest  in  con- 
tracts  .p.  8 

Taxation,  exemption  from p.  8 

Taxes,  release  from  prohibited. . . ..p.  8 

Taxation,  municipal p.  8 

Special  assessment p.  8 

Taxation,  by  state  for  municipal 

purposes p.  10 

Officers,  municipal — eligibility  and 

compensation p.  10 

Indebtedness,  municipal,  limited,  .p.  10 

Railroads,  use  of  streets  for p.  12 

Warehousemen,  duties  of.  in  cities.p.  12 
Corporations,  municipal  aid  to,  pro- 
hibited  p.  12 

Contract 

General  power  of  city  to 10 

Supplies  to  be  furnished  by  . .cl.  94,  65 
Officer  to  have  no  interest  in,  of 

city  or  village 85 

School  officer  to  have  no  interest  in..p.  8 
No  liability  without  prior  appropri- 
ation  102 

Payable  from  special  assessments, 

paid  only  so 179 

To  construct  water  works,  how  let.  908 
For  sewerage  and  drainage,  how 

let 238 

For  water  supply,  between  cities 

etc 243-4 

Sewerage  between  cities  etc 346-7 

Form. 

Improvement  by  special  assess- 
ment  1005 

Contractor 

Employment  of  alien  prohibited. 228,  528 
Ascertain  as  to  non  alienage  of  em- 
ploye  229 

False  certificate  of  non  alienage, 
contract  avoided  and  wages  for- 
feited   231 


Index. 


4C9 


Contractor— Continued.  sec. 

Alien  employed  ; on  discovery  dis- 
charge   232 

Form. 

Release,  to  city,  on  work  done  by 
special  assessment 193 

Conversion 

Fraudulent  ; punishment n.  1.  107 

Corporation 


State  aid  to,  prohibited .p.  3 

Municipality  not  subscribe  or  aid.  .p.  12 
No  release  of  obligation  to,  by  state. . p.  4 

Corporation  Counsel 

Council  may  create  office 80 

Cotton 


Power  to  provide  to  inspect,  .cl,  53,  65 
regulate  and  prevent  storage  of 

cl.  65,  65 


County 

Exemption  from  taxation cl.  6,  757 

Pay  expenses  of  election  to  adopt 

election  law 352 

Location  of  dummy  etc.  railroad  in, 

consent  of  authorities  essential.  603 

subject  to  police  power 604 

Fire  escapes,  compel  erection  of.  596-9 
May  use  house  of  correction,  when.  612 
Bridge,  may  assist  city  to  acquire  593a 

County  Board 

Not  issue  liquor  license  in  city  etc.  651 
Registration  verification  list,  use  in 
making  jury  list 396 

County  Clerk 


Publication,  notice  of  election  to 

annex  territory ..  238-9 

Non  extension  of  tax  on  indebted- 
ness of  territory  annexed 241 

Certify  annexation  of  territory  to 

state  auditor 245 

Town,  division  of,  procedure  as  to 
division  of  debt  and  property  . . 
Duties  as  to  adoption  of  election  law.  352 
Transfer  election  records  etc.  to 


commissioners,  when 369 

Extend  tax  levy  on  county  collect- 
or’s books 122 

Extend  tax  levy  of  sanitary  district.  329 
Sales  for  special  assessments,  re- 
turned to.  171 

redemption  through 171 


County  Collector 


Collect  municipal  taxes 125 

Pay  over  weekly 126 

Delinquent  special  assessments,  re- 
turned to 169 


County  Collector — Continued.  sec. 

Application  for  judgment..  170 

Return  of  sales  to  county  clerk 171 

Sanitary  (drain)  improvement  by 

instalments,  return  to 331 

Compensation,  collecting  special  as- 
sessments  173 

County  Court 

Special  Assessment  ; Special 
Taxation,  see. 

Petition,  to  organize  as  a city 5 

Judge  fix  time  and  place  for  elec- 
tion   5 

appoint  judges  of  election,  ...  5 

give  notice  of  election 5 

Result  of  election,  return  to 5 

Canvass  of  votes 5 

Territory  organized  as  city,  judge 

call  election  for  officers 8 

Organization  of  territory  as  village; 

procedure 212 

Procedure  in,  for  annexing  city,  etc.  238 

part  of  city,  etc 239 

Submission  of  question  of  annexing 

city  etc.  in  wliole  or  part 240 

Jurisdiction,  on  annexation  of  terri- 
tory as  to  debts  etc 245 

as  to  water  works  and  light 249 

of  disputes 250 


Town,  division  of,  creating  two. . 265a 
and  procedure  ; eminent  domain, 

572-80 

Improvement ; assessment  and  col- 
lection of  costs  etc 151-78 

precedence  of  cases 162 

Jurisdiction  as  to  damage  of  right 

of  way  for  drainage 317 

as  to  drainage  for  sanitary  pur- 
poses   318-9 

Appoint  oil  inspector,  when , 666 

Pleasure  driveways  and  park  dis- 
trict, incorporation  673a 

Adoption  of  election  law,  petition.  381 

Give  notice  of  election  . 382 

Judge  of,  canvass  return  360 

Appoint  election  commissioners...  366 
Administer  oath  to  election  comm’rs.  369 
Pass  on  appointment  of  judges  and 

clerks  of  election  373 

Registration,  neglects  of  clerks. . 395 

, 'Appeal  from  the  judgment 401 

Court  review  registration,  erase 
from  or  admit  to  400,  403,  412 

Form. 

Record  of  result  of  election  to  or- 
ganize contiguous  territory 930 

County  Recorder 

Duty  on  vacation  etc.  of  town  etc. 
plat 686 


Index. 


470 


County  Treasurer  sk<;. 

On  condemnation  of  private 
property,  payment  to,  may  be 
ordered ....  584 

Courts  (generally) 

Shall  sentence  to  imprisonment  in 
hous(!  of  correction.  G13 

Crime 

Infamous  Crime,  see. 

Conviction  of  etc.  forfeits  police 
pension  704 

Culverts 

I'ower  to  construct,  repair  and  reg- 
ulate use cl.  29,  65 

D. 

Deaths 

Report  of,  to  election  comm’rs 382 

Duty  of  board  as  to 383 

Debt 

Limitation  on  municipal,  p.  12..  . cl.  5,  65 
Bonds,  issue  to  fund cl.  6,  65 

Dedication 

Recording  of  plat  of  town  etc.  as. . 681 

Deed 

To  convey  property  sold  by  city  etc. 
execution  of 815 

Defaulter 

Not  eligible  to  municipal  oflSce  . . .p.  10 
to  office 84 

Definitions 

“Election” 469 

“ Householder  ” 465 

“ Public  warehouse  ” p.  12 

“ Legislative  authority  ” 624 

Des  Plaines  River 

Power  to  divert  flood  waters  of.  ..313-4 

Capacity  of  channel 340 

Channel  in  to,  when  navigable. . . . 341 
use  and  increase  of 342 

Disconnected  Territory 

Organization  as  village. ...... .207-226 

Disconnecting  Territory 

Procedure  to  disconnect 261 

Recording  ordinance  for 262 

Lands  not  laid  into  lots  or  blocks, 

by  council  or  trustees 261 

Lands  on  town  border,  as  new  town.  265a 

Disorderly  Conduct 

Power  to  prevent cl.  59,  65 

Forms. 

Complaint  for  arrest 957 

Warrant  for  arrest 956,  958 


Disorderly  Conduct  — Continued,  sec. 


Judgment 959 

Mittimus  . . . . ‘ 960 

Disorderly  House 

Power  to  suppress cl.  45,  65 

Dispensaries 


Medical  Dispensaries,  see. 

Distiller 

Power  to  tax  and  regulate cl.  91,  65 

Distillery 

Power  to  locate,  regulate  etc.  .cl.  82,  65 

Disturbances 

Power  to  prevent  and  suppress, 

cl.  72,  65 

Dock 

Power  to  construct,  repair  and  regu- 
late use cl.  32-3,  65 

fix  dockage  from  water  craft, 

cl.  37,  65 

Dogs 

Restrain  and  prohibit,  running  at  * 


large cl.  80,  65 

Power  to  tax cl.  80,  65 

to  prevent  dog  fighting cl.  59,  65 


Per  centage  of  license  fees  paid  in 
to  police  and  fireman’s  fund.. 688,  697 

Drainage 

Power  to  construct  and  repair 

drains  and  regulate  use cl.  29,  65 

By  special  assessment  allowed p.  4 

District  annexed;  system  of,  contin- 
ued, how 257 

City  etc.  subject  to  overflow;  im- 
provement district 304-11 

Drainage  and  Sewerage 

District  formed,  survey  to  be 

made 305 

estimate  of  cost  and  benefits. . 305 

may  issue  bonds,  how 306 

Payment  of  principal  and  inter- 
est, how 307 

Railroad  (steam  or  horse),  liability 

of  308 

Persons  under  disability  — in- 
dorsement of  bond  for 809 

Corporate  powers,  how  exercised  319 
Bond  holder’s  action  against  in- 
dorser  311 

Chicago,  organized  as  a district. . . 312 
Diversion  of  flood  waters  of  Des 

Plaines  river 313 

Chicago  river;  widen  etc.  north 

branch 318 

Regulation  of  flow  from  Des 

ftaines  river 314 

Mud  lake  valley,  dam  across. . . . 315 

Acquisition  of  way.  816 

Ascertainment  of  damages  . . . . 317 


Index. 


471 


Drainage  and  Sewerage  — Cont.  sec. 
Sanitary  districts,  organization 


of 318 

Commissioners,  liow  constituted.  318 
Procedure,  to  establish  district. . 318 
Courts  take  notice  of  organization 

of  district  . . 319 

Officers  of  district;  election  of 


319-20 


Trustees,  number,  term,  election  320 
District,  a body  corporate,  powers  320 
Trustees  and  officers,  powers, 

duties,  compensation 321 

Power  to  pass  ordinances  etc. . . . 321 
Appropriations,  when  in  force. . . 322 
Ordinances,  generally,  in  force 

from  passage 322 

proof  of 323 

Powers  as  to  navigable  waters, 
water  power,  channels,  outlets, 

dockage,  etc 324 

Jurisdiction  of  trustees  beyond 

district .* 324 

Acquisition  of  right  of  way. ....  325 
Power  to  borrow  money  and  issue 

bonds 326 

Interest  on  and  principal  of  bonds, 

tax 327 

earnings  applied  to 327 

Contracts  for  work,  how  let 328 

Tax  levy;  limitation  on 329 

Taxes  collected  paid  to  district 

treasurer 329 

Power  to  improve  by  special  as- 
sessment or  special  taxation. . . 330 
Procedure  to  improve  by  special 

assessment  etc 330 

Assessments  by  instalments;  pro- 
cedure   331 

Improvement  calling  for  damage 
to  property;  damages  etc.  how 

ascertained . 333 

Bonds,  issue  in  anticipation  of 

taxes  due 332 

Public  property,  entry  upon;  ex- 
ception  334 


Right  of  way;  cost  of  acquisition.  335 
Damage  by  overflow;  liability  for.  336 

Land  damages;  liability  for 336 

Sewage  discharged,  dilution  of. . 337 


Outlets,  dimensions  of 337 

Violation  of  law  as  to  sewage.  . . 337 

prosecution  of 838 

Right  reserved,  to  amend  or  re- 
peal statute 339 

Channel  from  lake  Michigan  to 

rivers;  ca])acity  of 340 

Channel;  when  navigable 341 

use  and  increase  of 342 

Water  supply,  to  cities  etc 343 

Channel;  inspection  of;  correction 
of  defects 344 


Drainage  and  Sewerage — Cont.  sec. 
Water  supply  from  lake  Michi- 
gan, defined 344 

Police  force,  maintain 344a 

Sewerage  fund  tax 345 

Contracts  between  cities  etc.  for.  346 

Contracts,  how  made 347 

Powers,  as  to  drainage  works  etc.  348 
Drainage  works  etc.  by  special 

assessment 349 

Mode  of  procedure  to  establish. . 350 
Form. 

Land  owner’s  indorsement  on  dis- 
trict bond 306 

Dram  Shop 

Spirituous  Liquors,  see. 

Draymen 

Power  to  license,  lax  and  regulate, 


Driveways 

Parks,  Streets,  see. 

Drug-gist 

Power  to  permit  to  sell  liquor,  .cl.  46,  65 
Permits  by  city  etc.  to  sell  liquor. . 650 

Form. 

Permit  to  vend  liquors 966 

Drunkard 

Intoxication,  see. 

Dummy  Railroad 

Horse  and  Dummy  Railroad,  see. 

Pre  requisites  of  grant  of  way  on 
streets cl.  90,  65 


E. 

Education 

Schools,  see. 

Elections 

Constitution;  who  may  vote p.  7 

All  votes  by  ballot p.  7 


Electors;  privileges  of p.  7 

Military  station  or  post  does  not 

give  residence p.  7 

Annexation  of  city  etc 238 

of  parts  of  city  etc 239 

of  part  or  all  of  city  etc.  at  one.  240 

as  to  licensing  dram  shops 255 

Bonds  ; as  to  issue  of  new,  for  old 


City  ; as  to  incorporation,  under 

general  law 1 

Notice  of,  as  to  incorporation 

under  general  law 2 

Returns  to  city  council 3 

Result  entered  on  city  records. . . 3 

On  organization,  canvass  of  votes 

etc.  recorded 13 

Same  filed  with  secretary  of  state  13 


Index. 


472 


Electtons  — Continued,  kkc. 


'J'rusteoK  act  on  vote  of  village  to 

become  city 4 

Territory  to  organize  a.s  city  ....  5 

Petition  for 5 

County  judge  fix  time  and  place 

for  5 

ap[)oint  judges 5 

give  notice  of 5 

name  judges 5 

Canvass  of  returns 5 

Territory  organized  on  vote  for. . 5 

Town  becoming  city,  trustees  call 


election  for  officers 7 

appoint  judges  and  clerks  ....  7 

canvass  returns 7 

Aldermen  elected  on  general 

ticket 7 

Town  to  incorporate  as  village. . 207 

Who  may  vote;  form  of  ballot. . 208 

City  to  change  to  village 209 

Ballots,  form  of 209 

Returns,  canvass,  record  of  re- 
sult  210 

New  organization  of  territory. . . 213 

Of  officers 214 

Annual  village 221-2 

Territory  organized  as  city;  county 
judge  call  election  for  officers.  8 

Canvass  of  returns 8 

City  having  the  same  territory  as 

organized  township  50 

Who  entitled  to  vote 53 

Annual  election  for  aldermen..  ..54-5 

Minority  representation 56-8 

Council  appoint  time  and  place, 
judges  etc.  of  aldermen’s 

election 59 

give  notice  of  election 59 

City  elections  follow  state  law  . . 60 

Return  and  canvass  of  ballots. . . 60 

Tied  vote,  council  determine  by 

lot '.  61 

Persons  elected  notified 62 


Quorum  not  in  office,  who  order 

election  to  fill  vacancy 63 

Special  elections,  how  and  when 

called 64 

City  election,  annual 49 

City  or  village  including  a town- 
ship, when 50 

Time  of  opening  and  closing 

polls 51 

In  cities  mayor,  council,  clerk  and 

treasurer  to  be  elected 79 

Mayor,  clerk,  attorney  and  treas- 
urer, when  52 

Vacancy  in  office  of  mayor;  elec- 
tion when 16 

of  alderman;  filled  by 33 

City  courts;  of  judge 284 

of  clerk 286 


Elkctions— Continued,  bec. 

Hospital,  to  establish  and  main- 
tain by  city 604c 

Libhaky  ; to  establish  and  tax  for 

in  village,  town  etc 647 

Museum  building,  in  park,  678p 

Park  and  Boulevard,  tax  levy 

for  purchase  of  lands 678m 

Pleasure  driveways  and  park  dis- 
trict, incorporation  of 673a 

Sanitary  District  ; to  establish. 318-9 

of  oflicers  thereof 320 

Schools  ; of  board  of  education.  .821-5 

Adoption  of  general  law  831-2 

Expense  of,  of  school  trustee 868 

School  director 869 

Town,  dividing  to  form  two 265a 

Water  ; as  to  raising  money  to  ex- 
tend supply 921 

Water  Works,  lea.se  or  purchase  of, 914a 
In  cities  and  villages  ; adoption 

of  act 351 

Notice  of  election;  duty  of  county 

clerk  ; penalty  ; expenses 352 

Ballots  ; how  canvassed 355 

Manner  of  canvass 356 

Duty  of  judges ; when  no  tally 

sheet 357 

Manner  of  making  returns 358 

Special  watchers  of  canvass 359 

Canvass  by  county  judge 360 

Neglect  of  duty,  by  judge  or  clerk  361 
Stealing  or  mutilating  return  etc.  362 
Offenses  governed  by  state  law. . 363 
Adoption  of  act  by  village  or  town  364 


Effect  of  adoption  of  act 365 

Creation  of  board  of  election  com- 
missioners  366 

Commissioners;  selection;  quali- 
fications; vacancy 367- 

Removal  on  complaint;  cause  for.  368 
Organization  of  board;  officers; 

oath;  bond;  office 369 

Board,  provide  ballot  boxes  etc. . 370 
Chief  clerk;  powers  and  duties  of.  371 
Commissioners  to  establish  elec- 
tion precincts 372 

General  registration  of  voters . 376 
Judges  and  clerks;  appointment 

and  qualifications 374 

Examination  of  judges  etc.;  con- 
firmation; rejection;  exemption; 

refusal  to  serve;  penalty 375 

Appointment  and  removal  of 
judges  and  clerks 376 


Judges  and  clerks  to  be  selected 
from  different  political  parties.  377 
Selection  of  judges  and  clerks  re- 
turned to  county  court;  con- 
firmation; vacancies;  removals,  378 
Judges  and  clerks  to  be  notified; 
oath 379 


473 


Index. 


Elections  — Contiimed.  sec. 

Registry  and  polling  place  in 

each  })recinot 380 

Record  of  penitentiary  convicts; 

persons^  pardoned 381 

Monthly  reports  of  the  dead  . . . 382 
List  of  the  dead  and  criminals.  . 383 

Notice  of  registration 384 

Rules  and  regulations;  conduct 

of  elections 385 

Election  days;  holidays 386 

Subsequent  selection  of  judges 

and  clerks 387 

Board  of  registry 388 

Board.  . rst  meeting  of,  when 390 

Next  general  registration,  when. . . 390 

Registration  books;  entries  on 390 

Oath  of  applicant  for  registration. . 390 
Daily  cerdtication  of  registration..  391 
Registry  to  be  posted;  right  to  chal- 
lenge; affidavit 392 

Second  meeting,  when  303 

reg  stration  at,  revision  at 393 

verification  lists;  entries  on 393 

register,  exposure  of 393 

Canvass  of  precinct 394 

power  of  clerks,  joint  and 

several 396 

refusals  or  neglects 396 

disability 396 

names  not  registered 394 

police  protection 394 

refusal  to  answer  questions 394 

suspects,  notice  to 395 

meeting  for  revision 396 

clerks’  duties 396 

suspects,  appearance,  examination  396 
verification  lists,  f(>r  jury  lists...  396 
Registers  to  be  comp  red  etc.;  one 
to  be  posted  up,  two  i'eturned; 

printing  . . 397 

Application  to  erase  name;  notice..  398 


entry  on  registry,  by  court 400 

Register,  closing  and  delivery  of. . . 400 
Refus  d of  application  ; appeal  ; 

record  ...  401 

Supplemental  list  to  be  posted  etc. . 402 
Registration  after  first  general 

registration 403 

Registration,  intermediate 404 

last  general,  used  when 404 

revision  of 404 

verification  lists 405 

canvass  of  precinct 407 

comparison  certifying,  delivery  406 

revision  of.  when.  . 409 

Registers,  how  returned  to  election 
commissioners 410 


Elections  — Continued.  sec. 

Commissioners  to  have  registers 

copied  and  printed  etc 411 

Denial  of  registration  or  erasure; 

review  by  county  court 412 

Return  of  registers  to  commis- 
sioners; corrections 413 

Special  and  judicial  elections; 

how  conducted 414 

Inspection  of  registers 415 

Delivery  of  registers  etc.  to 

judges 416 

Penalty  for  mutilating  etc.  public 

register 417 

Filling  vacancy  on  board  of  regis- 
try  418 

Elections;  opening  and  closing 
polls;  presence  of  judges  and 

clerks 419 

Absent  judge;  penalty;  place  how 
filled;  detention  of  register.. . . 420 
Ballot  box  continuously  in  public 
view;  obstruction;  penalties. . . 421 

Entry  of  voter’s  name  422 

Name  on  ballot 423 

How  ballots  received;  challenge.  424 

Voter’s  name  on  register 425 

Challengers;  watchers;  canvass; 

policemen  present. . 426 

Judges,  as  peace  officers 427 

Judicial  election;  official  ticket 

holders;  penalty 428 

Canvass;  not  to  be  adjourned; 
challengers  and  watchers. . . . 429 

Canvass,  how  made 430 

Ballots  strung 431 

Proposition  submitted;  canvass. . 432 
When  tally  sheets  contain  no 
heading  for  proposition;  duty 

of  judges 433 

Judges  to  proclaim  number  of 

votes  etc 434 

Returns;  certificate;  direction  . . . 435 
One  ballot  of  each  kind  attached 

to  return 436 

Poll  books  to  be  placed  in  ballot 

box  etc  437 

Judges  to  deliver  ballot  box  etc. 
to  commissioners 438 


Commissioners  to  receive,  note 
condition  and  open  ballot  box.  439 
Canvassing  board  to  open  re- 
turns; abstract  of  votes,  how 


made. ...  ...  440 

Canvassers  to  declare  result;  cer- 
tificate; its  force 441 

Certificate  of  election 442 

Certificate  of  election,  city  offices 

etc 443 

City  or  town  office;  tie  vote 444 

Duty  of  canvassing  board  on  in- 
dication of  fraud 445 


471 


Index. 


Elections  — Continued, 

Presidin^i:  ollicer  of  board;  declar- 
ing^ result 

OITenses  generally’  penalty 

At  city,  village  or  town  election; 

lienalty 

Poll  clerk;  false  list;  i)enalty. . . . 
Judge  wilfully  refusing  vote  etc. ; 

lienalty  

False  canvass  etc,;  penalty 

Permitting  false  ballots  etc. ; pen- 
alty   

Election  olficers;  misconduct; 

fraud;  penalty 

Stealing  document,  vote  etc. ; pen- 
alty   

Person  not  an  officer;  penalty. . . . 

False  swearing 

Advising  person  to  swear  falsely 

etc ... 

Changing  ballot  etc 

Felon,  no  right  to  vote;  pardon.. 
Disobeying  command  of  judge. . 

Breach  of  the  peace 

Interfering  with  judge  etc 

Destroying  or  concealing  ballot 

etc 

Wilfully  admitting  one  to  regis- 
tration etc 

Absence  of  judge.  

Keeping  ballots  behind  box  etc. ; 

electioneering 

Use  of  spirituous  liquors  etc, . . 
Irregularities  in  notices  etc.  no 

defense 

Crime,  as  to  question  submitted; 

definitions . . 

Misdemeanors;  fine;  when  dis- 
charged  

Forfeitures,  how  recovered  . . , , 
Commissioners  to  aid  prosecutions 
Commissioners’  and  clerks’  fees; 

how  paid 

Judges  and  clerks  of  election, 

fees.  

Kumber  of  days  to  be  credited  to 

judges  and  clerks  

When  city  to  pay  judges  and 

clerks 

When  county  to  pay  judges  and 

clerks 

Commissioners  to  audit  claims. . . 
Village  or  town  may  adopt  act. . 
Ex  officio  commissioners  of  vil- 
lage  

Returns  of  judges  etc,  of  village 

or  town 

Returns  of  village  or  town  elec- 
tion  

Oaths;  who  may  administer 

Registratfox  of  electors;  board; 
meeting;  register 


Ef.ectfons  — Continued.  sec. 

Manner  of  making  register  etc.; 

first  meeting 485 

New  election  districts 486 

Revision  of  register;  second  meet- 
ing  487 

Proceedings;  corrections  etc 488 

Revising  register;  addition  of  new 

names 489 

Copiesof  register;  filing;  delivery 
to  judges;  voting;  swearing  in 

vote  etc 490 

Entry  on  register  by  clerks;  non 

registered  voter;  [)enalty 491 

Poll  list  and  register  to  be  filed..  493 

Section  repealed 493 

Registers  open  to  inspection  ....  494 

Compensation  of  board 495 

Preserving  order 496 

Fraudulent  registration  ; false 

swearing  ....  497 

Sections  repealed 498 

Blanks  to  be  furnished 499 

Section  repealed 500 

Election;  manner  of  giving  notice 

of 501 

Sheriff  or  supervisor  to  post 502 

Time  of  opening  and  closing  polls  503 

Proclamation 504 

Ballot  box  publicly  exhibited  ; 

locked;  keys 505 

Poll  lists,  how  kept 506 

Ballots 507 

Form  of  ballot 508 

Form  of  cumulative  ballot 509 

Manner  of  receiving  and  deposit- 
ing ballot 510 

No  adjournment  or  recess 511 

Canvass  of  votes 512 

CONTESTii^G  elections;  when  legis- 
lature to  hear 513 

Senators  and  representatives. . . . 514 

Hearing  by  supreme  court 515 

By  circuit  court 516 

By  county  court 517 

Election  of  state  officers;  petition 

of  contestant 518 

joint  committee  to  take  testimony  519 

Powers  of  joint  committee 520 

Notice  to  take  deposition 521 

Testimony 522 

Report  of  committee;  hearing; 

decision 523 

Who  may  contest  as  to  senator  or 

representative 524 

Notice  of  contest 525 

Testimony,  how  taken 526 

Power  of  officer  taking  testimony.  527 
Depositions  etc.  to  be  sent  to  sec- 
retary of  state 528 

Delivery  of  notice  of  contest  etc. ; 


REC, 

446 

447 

448 

449 

450 

451 

452 

453 

454 

455 

456 

457 

458 

459 

460 

461 

462 

463 

464 

465 

468 

467 

468 

469 

470 

471 

; 472 

473 

474 

475 

476 

477 

478 

479 

480 

481 

482 

483 

481 


Index. 


475 


Elections  — Continued.  sec. 

Kiglits  of  either  house  saved 530 

Who  may  contest  election  of  other 

oHicers 531 

Contestant  to  tile  statement  etc. . 533 

Summons 533 

Evidence 534 

Trial 535 

Other  elections  contested 536 

When  elector  may  defend  for 

county 537 

Judgment  538 

Tie  vote,  how  decided 539 

Certified  copy  of  judgment 540 

When  election  adjudged  void 541 

Appeal 432 

Ballot  Reform  Act  op  1891 . . . . 542a 
Primary  election;  act,  when  to 

govern 543 

Acceptance  of  act  by  committees.  544 
Time  and  place  of  election;  judges 

and  clerks;  proxies 545 

Notice  of  election;  form  of 546 

Judges’  and  clerks’  oath 547 

Voters’ qualifications  548 

Election  of  delegates 549 

Challeuge  of  voters;  examination; 

swearing  in  votes 550 

Offenses  and  penalties . 551 

Qualifications,  limitation  on;  chal- 
lengers; poll  list  552 

Poll  and  tally  list;  form  of 553 

Oaths,  administering  thereof  . . . 554 

Ballots;  form  of  . . . 555 

Exhibition  of  ballot  box 556 

Opening  of  polls,  proclamation. . 557 
Closing  of  polls,  proclamation...  558 
Canvass  of  votes;  proclamation. . 559 

Canvass,  how  conducted 560 

Judges’  certificate  to  tally  list. . . 561 

Count  of  ballots. ...  562 

Poll  lists;  what  to  show 563 

Certificate  of  result 564 

Deposit  of  poll  and  tally  lists 565 

Certificate  to  successful  candi- 
dates  566 

Penaties,  not  otherwise  declared..  567 

Forms. 

Register  of  voters;  act  of  ’91 380 

Verification  list  393 

Certificate  to  register;  act  of  ’85. . . 391 
to  voter  on  changing  precinct. . . 404 

Oath  of  comraiss  oners  369 

judges  and  clerks,  under  general 

law 915 

act  of  ’85 379 

applicant  for  registration  390 

claimant  for  registration  refused.  392 
of  registered  person  notified  as 

suspect 396 

on  application  to  erase  name.. 398,  405 


Elections  — Continued.  sec. 

voter;  for  registration  in  precinct 

removed  to 404 

Petition  for  vote  by  city  to  incorpo- 
rate under  act  of ’72 923 

Ordinance  submitting  to  vote 924 

Notice  of  election  as  to  adoption  of 

general  law 831,  925 

Petition,  town  to  reorganize  as  vil- 
lage  1006 

Notice,  to  establish  board  of  educa- 
tion, in  cities  not  over  20,000 858 

Record;  order  submitting,  town  to 

reorganize  as  village 1007 

Notice;  election  submitting,  town  to 

reorganize  as  village 1008 

application  to  erase  name  from 

register 501 

vote  to  organize  contiguous  ter- 
ritory   928 

election,  president  board  of  edu- 
cation  823 

election  of  officers,  town  or  village 

organized  as  city 931-2 

annual  ele(’tion 944 

to  person  elected  to  office 948 

Certificate  of  election,  city  clerk. . . 973 

Return,  votes  as  to  incorporation. . 926 

judges’,  of  votes  cast 946 

as  to  adoption  of  election  law . . . 352 

canvass  of  votes,  under  general 

law 947 

Record;  canvass  of  votes,  city  to  in- 
corporate under  act  of  ’72 927 

result  of  election  to  organize  con- 
tiguous territory 930 

Minority  representation;  petition  for 

vote  as  to.  . 942 

recoid  of  submission  to  vote 943 

Notice  to  fill  vacancies — no  quorum 

in  office  to  call 949 

Appointment  of  judges  and  clerks 

in  such  cases 950 

Primary,  poll  acd  tally  lists 553 

Electric  Light 

Part  of  city  annexed,  joint  user...  249 

Towns  divided;  jifint  user 265h 

Electric  Railway- 

Pre-requisite  of  grant  of  way  on 

streets cl.  90,  65 

Use  of  streets,  etc.,  when  granted. 890-1 

Embankments 

cutting  or  destroying,  felony 637a 

Embezzlement 

Punishment  . n.  1.  107 

Parks  existing  (1891),  violation  of 
bond  and  tax  act 678b 

Eminent  Domain 

No  taking  without  compensation. . .p.  1 


47(i 


Index. 


Eminent  Domain  — Continued.  sec. 
Compensation  ascertained  by  a jury.  571 

Proceedings;  j>arties 572 

WIhui  petition  is  presented  in  va- 
cation  573 

Service  of  summons;  notice 574 

Hearing;  several  tracts  in;  amend- 
ment; new  parties;  practice 575 

Jury;  wlien  liearing  is  in  vacation.  576 

Impaneling  jury 577 

Oath  of  jury 578 

View  of  j)remises;  verdict 579 

Judgment;  payment 580 

Cross  petition  581 

Appeal 582 

Right  to  use  land,  on  giving  bond, 

in  case  of  appeal 583 

Payment;  to  whom  it  may  be  made.  584 
Judgment  to  be  entered  of  record..  585 

Repeal 586 

Lands  of  state  institutions  not  to  be 

taken 587 

Local  improvement;  property  to 

be  taken,  procedure  133 

Petition  to  assess  damages 134 

form  of 135 

Summons,  notice,  publication. . . 136 

Hearing,  jury 137 

Jury  assess  compensation 138 

New  parties,  how  joined  etc 138 

View  of  premises 139 

Ownership  or  interest  not  shown, 

verdict 139 

Judgment,  continuance  for  new 

parties 140 

Ownership  ceasing,  damages  as- 
sessed   141 

Ownership  contested,  no  delay; 

compensation  deposited 142 

Person  under  disability,  proced- 
ure   143 

Judgment,  no  delay  on  appeal  if 
bond  given  and  award  de- 
posited  144 

Possession  ordered,  when 145 

Petition  to  assess  cost,  filed 152 

Commissioners  to  assess,  appoint- 
ment  153 

oath 153 

duty 154 

Assessment  roll  and  return 156 

Notice  of  assessment 157 

proof  of 158 

not  in  time,  continuance 159 

Objections  to  confirmation,  file. . . 160 
No  objection  filed,  judgment  ...  160 

Hearing,  verdict,  judgment 161 

Case  has  precedence 162 

Assessment  may  be  changed,  an- 
nulled, confirmed  or  recast 

etc 163 

Judgment  several,  alien 164 


E.min?:nt  Domain — Continued.  sec. 

certified  to  city  clerk,  warrant 

issue  165 

Warrant  to  collect,  form  of 166 

Collector’s  notice,  form  of  etc. . . 167 

Mode  of  collection 168 

Delinquent  list,  to  collector 169 

Application  for  judgment,  de- 
fenses barred  ....  169 

under  general  law 170 

Return  of  sales,  redemption 171 

Sale  after  payment,  liability 172 

Collections,  payment  over 173 

Collector’s  compensation 173 

General  revenue  laws  apply 174 

City  or  village  may  buy  at  sale. . 175 
Assesstnent  set  aside,  new  one. . . 176 

insufficient,  supplemental 177 

too  large,  rebate 177 

New  assessment,  as  to  delinquents  178 
Supplemental  petition  to  assess 

benefits 183 

damages,  payment  of 183 

non  payment  of 183 

Improvement  by  instalments,  pro- 
cedure for  judgment 192 

Driveway  on  lake  shore 889c 

Levee;  exercise  of,  by  city 626 

Pleasure  driveways  and  park 
district,  acquire  lands  by. . . . .673h 
Railroad;  taking  for  tracks,  fee 

stay  in  land  owner p.  1 

Horse  and  dummy  railroad  may 

exercise  right  of 601 

Compensation,  how  ascertained, . 601 
Sanitary  improvements;  acqui- 
sition of  way 316-7 

Damages  assessed,  for  sanitary 

disnict,  a preferred  claim 333 

Damage  by  construction  of  sani- 
tary channel,  liability 336 

Telegraph  go’s  exercise  right 896 

Water  works;  city  may  acquire 

lands  etc,  by 910 

Forms, 

Application  to  court  to  assess  dam- 
ages  995 

Oath,  commissioners  to  assess  cost.  153 

to  assess  damages 996 

Notice  of  assessment  made 157 

publication 157 

of  collector  to  pay  assessment. . . 167 
Ordinance  to  improve;  where  pro- 
perty is  taken  etc 994 

Employe 

Alien,  see. 

Engineer  ; examination,  licensing 

and  regulating 65 

Estray 

Animals,  see. 


Index. 


Evidence  sec. 

Official  bond  ; acknowledgment.  654 

Okdinance  ; proof  of 68 

Certified  copy 88-9 

■ Driveway&park  district, proof  of.673f 

Record;  certified  copy 88-9 

> Records  of  city  etc.,  how  certi- 
fied..   588 

Certificate,  form  of 589 

Sworn  copies,  use  of 590 

False  certificate,  penalty 591 

Recorded  plat  of  town  etc 680-1 

Special  assessments,  affidavits 

of  notice  of 158 

Report  of  delinquent  list,  of  prior 
proceeding  etc 169 

Execution 

Fireman’s  pension  fund,  not  subject 
to 72 

Official  bond;  lien  of  judgment  and 
levy 659 

Exemption 

Jury  duty,  of  judges  and  clerks  of 

election 375 

of  certain  school  officers 852 

Taxation;  of  municipal  property, 

may  be p.  8 

only  by  general  law 130 

of  city  property  757 

of  property  heretofore  exempt  . . 795 

of  U.  S.  lands 757 

of  U.  S.  lands  acquired 880 

Exhibitions 

Power  to  license,  tax,  regulate  etc. 

cl.  41,  65 

Explosives 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

Expressmen 

Power  to  license,  tax  and  regulate, 

cl.  42,  65 

Extortion 

Justice  in  Chicago;  removal  for p.  6 


F. 

False  Certificate 

Of  non  alienage;  contract  avoided 
and  wages  forfeited 231 

Farmer 

May  sell  products  without  license.  227 

Fees  and  Salaries 

Compensation,  see. 

Attorney  recover  fees  from  sani- 
tary district,  when 336 

City  court:  fees  of  clerk 286 

Fees  on  filing  transcript  of  judg- 
ment  296 

on  issuing  transcript  to  clerk. . 296 


477 


Fees  and  Salaries — Continued.  sec. 

of  jurors  in  city  court 298 

of  officer  conveying  persons  to 
house  of  correction 614 

Felons 


Record  of  penitentiary  convicts  re- 
turnable to  election  comra’rs..  381 
pardons  of  convicts  returnable. . . 381 

Duty  of  commissioners  as  to  383 

Unpardoned,  penalty  for  voting. . . 459 

Felony 

Declared  by  election  law. . .447-59,  463 
Levee  or  embankment,  cutting  or 
destroying 637a 

Fence 

Power  to  regulate  partition. . .cl.  60,  65 
to  requite  railroads  to  fence. cl.  26,  65 

Ferry 

Power  to  establish,  license,  regu- 
late and  fix  tolls cl.  87,  65 

Ferries  and  Bridges 

Bridges  ; Roads  and  Bridges,  see.  ' 
Power  to  license  and  regulate  or 

acquire .•••:• 

Acquire,  construct  and  maintain.  593 

Control 593a,  594 

Manner  of  travel  on  bridges,  reg- 
ulate   595 

Fighting 

Fewer  to  prevent cl.  59,  65 

Finances  and  Property 

City  council  control cl.  1,  65 

Fines  and  Penalties 

Power  to  impose. cl.  96,  65 

City  or  village  may  impose 78 

Power  as  to  creation  etc.  of  nui- 
sance  cl.  75,  65 

Limitation  on cl.  96,  65 

Enforcement;  jurisdiction  of  69 

Fine  imposed;  imprisonment  un- 
til paid,  when 71 

Limit  of  imprisonment  for  each 

offense  71 

Use  of  county  jail cl.  70,  65 

Imprisonment  to  be  in  house  of 

correction  613 

Appt.ication  ; fines  collected,  pay- 
ment over 70 

^ Violation  of  village  ordinance; 

fines  to  treasury 223 

Fines  imposed  on  police  and  fire- 
men, how  applied 688,  697 

Oil  inspection  defaults 673 

Sundry  fines  applied 697 

Non  erection  of  fire  escape 600 

Application  of,  to  school  fund. . 845 
Animals,  prohibition 236,  237a 


Index. 


478 

Finks  and  Penalties— Continued,  sec. 


l^KIMKKY G8,  665 

Bkidgk  ; fast  driving  on 595 

Compulsory  Education  act. ..862g,  1 
Contract  ; in  excess  of  authority 

n.  1,  lOJ. 

Oflicer,  interested  in 665 


Ei-kction  ; county  clerk’s  neglect 

as  to  adoption  of  election  act. . 35C 
Judge  or  clerk,  neglect  of  duty. . 361 
Stealing  or  mutilating  returns 

etc 362,  454 

Judge’s  refusal  to  serve 375 

Clerk’s  refusal  to  serve 375 

Judge  or  clerk  absent  at  opening 

poll 420 

Obstruction  of  view  of  ballot  box.  421 

OlTenses  at 447-68 

Registration,  use  of  false  name..  447 

in  two  districts 447 

attempt  at  without  right 447 

unlawful  attempt  to  erase  from.  447 
hindrance  of  one  entitled.  . . . 447 
inducing  judge  etc.  to  register 

one  without  right 447 

hindrance  etc.  of  officers  of . . . 447 
advising  etc.  violation  of  law. . 447 
refusal  to  answer  on  canvass.  894.408 
clerk’s  neglect  on  canvass.  395,408-9 


Impersonating  another 448 

Repeating  vote  ....  448 

Vote  in  precinct  without  right  . . 448 
By  bribery  etc.  to  influence  vote.  448 

Hindering  right  of  suffrage 448 

Inducing  etc.  to  receipt  of  unlaw- 
ful vote 448 

Hindrance  of  any  election  officer.  448 
Inducing  false  evidence  etc.  by 

election  officer 448 

breach  of  duty  by  election  offi- 
cer  448 

wrongful  acceptance  or  refusal 

of  vote 449 

omission  of  duty 448 

Clerk;  false  poll  list  449 

J udge  excluding  lawful  vote ....  450 
receiving  challenged  vote,  when  450 
omitting  to  challenge  voter, 

when 450 

False  canvass  of  vote 451 

Permitting  false  ballots  etc 452 

Officer,  misconduct  or  fraud  of. . 453 
Imposed  on  persons  not  officers  of.  455 

False  swearing ...  456 

Advising  false  oath  457 

Changing  ballots  etc  458 

Unpardoned  felon  voting 459 

Disobeying  command  of  judge  . . 460 

Breach  of  the  peace.  461 

Interfering  with  election  officer..  462 


Destroying  or  concealing  ballot . . 463 


Fines  and  Penalties  — Continued,  sec. 
Wrongful  admission  to  registra- 
tion  464 

Absence  of  judge  from  registra- 
tion or  poll 465 

electioneering  or  keeping  ballots 

behind  box  etc 466 

Use  of  spirituous  liquors 467 

Fines  for  misdemeanors,  how  dis- 
charged   470 

Under  primary  election  law.. 551,  570 
Embezzlement  or  conversion  of 

public  money n.  1,  107 

Collector  detaining  funds 113 

Treasurer’s  private  use  of  city 

funds 107 

Firb7  escapes;  non  erection  of  . . . 598 

Application  of  fine 600 

Insurance;  foreign  company  not 

paying  tax 121 

Library;  council  prescribe,  for  in- 
jury to 645 

LiquORS;  violation  of  license  to  sell 

malt,  only 652 

Officer;  not  turning  over  to  suc- 
cessor  83 

Oil  inspector;  misconduct  of . . . . 671 
Vendor’s  neglect  to  notify  of  or 

sell  oil  not  inspected 672 

Inspection  of  oil  ; fines 673 

Police,  appointing  alien  or  non 


prisoner,  conveyance  of 92c 

UBLic  BUILDING  ; doois  not  open- 
ing outward 727 

Publications;  sale  etc.  of  obscene.  895 
Plats  ; selling  lots  in  addition  etc. 
to  city  etc.  without  recording 

plat 683 

Neglect  to  plant  corner  stone 682 

Railroad  train;  starting  without 

signal 744 

Neglect  to  maintain  highway 

crossings 748 

Train  not  stopped  at  bridge  etc.  . 750 
excessive  speed  in  cities  etc. . . 754 
Neglect  to  maintain  flagmen. . . . 755 

Penalty,  general 756 

Record;  false  certificate  to 591 

Special  assessment  ; return  of 

sale  after  payment 172 

Street;  injury  to  sidewalk,  bridge 

etc 811 

Procedure  to  collect  penalty 812 

Telegraph  poles  etc.,  injury  to. . 899 

Flagmen 

Pow'er  to  require,  at  railroad  cross- 
ings   cl.  27,  65 

Duty;  as  to  railroad 755 

Flags 


Across  streets,  regulation  of. . . .cl.  19,  65 


Index. 


479 


Fire  Department  sec. 

Police  and  Fireman’s  Fund,  see. 
Power  to  erect  bouses  and  provide 

apparatus cl.  64,  65 

Exemption  of  apparatus  etc.  from 
tax cl.  8,  757 

Fire  Escape 

Power  to  regulate  construction  of, 

cl.  61,  65 

To  be  affixed  to  certain  buildings.  596-7 


Notice  to  affix 598 

Penalty,  non  erection  of 599 

Grand  jury  investigate  as  to  suffi- 
ciency of 598 

Fire  Limits 

Power  to  designate cl.  62,  65 

to  prohibit  lumber  yard  within, 

cl.  93,  65 

Fireman 


Police  and  Fireman’s  Fund,  see. 
Employed  in  city  etc.  annexed;  re- 
tained in  service ...  254 

Fire  Marshal 

A trustee  of  police  and  fireman’s 

fund 689 

of  fireman’s  pension  fund 710 

Fire  Wood 

Power  to  inspect  and  measure . . cl.  54,  65 

Fire  Works 

Power  to  regulate  and  restrain  use 


of cl.  65,  65 

Fish 

Power  to  regulate  sales  of. . . .cl.  50,  65 
provide  to  inspect cl.  53,  65 


Forestalling  and  Regrating 

Power  to  prevent  and  punish,  .cl.  51,  65 

Forfeiture 

License,  see. 

Application  of,  to  school  fund 845 

Under  election  law,  how  recov- 
ered  471-2 


Of  license  to  sell  meat,  when 652 

Of  police  pension,  by  crime  etc. . . . 704 
Of  rights  of  railway,  in  city  etc. 
subject  to  overflow,  not  conform- 
ing to  grades 308 

Forms 

Acknowledgment,  officer’s  bond . . . 654 

Amusement,  license 965 

Appropriation  ordinance 976 

Arrest,  violation  of  ordinance 953 

•warrant  for  violation  of  ordinance  954 

disorderly  conduct 956,  958 

indorsement  of  special  bail 955 

Bond;  land  owner’s  indorsement  on 
drainage 306 


instalment  of  special  assessment..  197b 


Forms  — Continued.  sec. 

ordinance  fixing  penalty  of  official  970 

of  city  officer 971 

certificate  of  acknowledgment. . . 654 

for  license,  to  do  business 961 

grocery 962 

saloon 963 

Busine.ss,  license  to  conduct 964 

City,  officer’s  oath 82 

contractor’s  release  on  work  done 

by  special  assessment 193 

ordinance,  style  of 218 

petition  for  vote  to  organize 923 

ordinance  submitting  question  . . 924 

notice  of  election 925 

canvass  of  votes  as  to  organization  927 

notice  of  annual  election  944 

notice  to  person  elected  to  office..  945 
notice,  election  to  fill  vacancies, 

no  quorum  in  office 949 

appointment,  judges  etc.  in  office  950 
petition  to  organize  contiguous 

territory  as 928 

notice  of  election,  to  organize  con- 
tiguous territory  as 929 

return  of  votes  to  incorporate  as,  926 

947 

record  of  result  of  election  to  or- 
ganize   930 

record,  as  to  call  and  notice  of 

election . . 931 

notice,  election  of  officers  ... 932 

record,  proceeding,  town  or  vil- 
lage organized  as  city 933 

minority  representation,  petition 

for  vote  on 942 

record,  submission  to  vote 943 

City  clerk,  certificate  of  election . . . 973 
certificate  in  proof  of  ordinance..  951 

of  incorporation  as  a city 933 

City  council,  rules  and  order  of  busi- 
ness   934 

(shorter  form) ...  935 

notice  of  special  meeting 936 

ordinance  as  to  absentees 937 

regulating  time  of  meeting.. . . 938 
adjourning  regular  meeting. . . 939 
substituting  a day  for  meeting,  940 

journal  of  proceedings 941 

City  treasurer;  warrant  drawn  on..  978 

annual  report 977 

Contract,  improvement  by  special 

assessment 1005 

Contractor’s  release  to  city  on  work 

done  by  special  assessment 193 

County  court’s  record  of  result  of 
election  to  organize  territory....  930 
Disorderly  conduct,  complaint  for 

arrest 957 

warrant  for  arrest 956,  958 

judgment 959 

mittimus ^6^ 


Index 


480 

Foumr — Continued.  8EC. 

Dmiimge,  land  owner’s  indorsement 

on  district  bond 306 

Drui^gist,  permit  to  sell  liquors  . . . 966 
Election;  register  of  votes;  act  of  '91  390 
cel  l ificate  to  register  ; act  of  '85.  391 

verification  list  . . 393 

to  voter  on  change  of  precinct.  404 

Oath  of  commissioners 369 

judges  and  clerks,  under  gen- 
eral law 945 

act  of  ’85  379 

of  apjdicant  for  registration . . . 393 
claimant  for  registration  re- 
fused   392 

of  registered  person  notified  as 

suspect  . 396 

on  applicat’n  to  erase  name.  398,  405 
voter,  for  registration  in  pre- 
cinct removed  to 404 

Petition  for  vote  by  city  to  organ- 
ize under  act  of  ’72 923 

Ordinance  submitting  to  vote.  . . . 924 

Notice  of  election  as  to 831,  925 

Petition;  town  to  reorganize  as 

village..  1006 

Record;  order  submitting 1007 

Notice;  election  submitting.  ...1008 
application  to  erase  name  from 

register 501 

vote  to  organize  contiguous  ter- 
ritory  928 

election,  president  board  of  ed- 
ucation  822 

of  officers,  town  or  village 

organized  as  city 931-2 

annual  election 944 

to  person  elected  to  office 948 

Certificate  of  election,  city  clerk.  973 
Return,  votes  as  to  incorporation 

under  general  law 926 

judges  of  votes  cast.  946 

as  to  adoption  of  election  law, 

act  of  ’85 '. 352 

canvass  of  votes,  under  general 

law 947 

Record;  canvass  of  votes,  city  to 

incorporate  under  act  of  ’72..  927 
result  of  election  to  organize 

contiguous  territory 930 

Minority  representation;  petition 

for  vote  as  to 942 

record  of  submission  to  vote,  943 
Notice  to  fill  vacancies,  no  quorum 

in  office  to  call , 949 

Appointmentof  judges  and  clerks 

in  such  case 950 

Primary,  poll  and  tally  lists  ....  553 
Eminent  domain,  application  to 

court  to  assess  damages 995 

oath,  commissioners  to  assess 

cost  of  improvement 153 


Foums  — Continued.  SEC. 

to  assess  damages 996 

notice  of  as.sessment  made 157 

publication 157 

collector,  to  pay  assessment..  167 
Ordinance  to  improve,  where 

property  is  taken 994 

Grocery;  bond  for  license 962 

House  of  correction;  mittimus  dis- 
orderly conduct  . 960 

Incorporation;  x^etition  for  vote  as 
to  organization  under  act  of 

’72  923 

ordinance  submitting  the  ques- 
tion   924 

notice  of  election 925 

judges’  return  of  votes 926 

Petition  to  reorganize  town  as 

village 1006 

Record  of  order  submitting  the 

question 1006 

Petition  for  new  organization  as 

village 1009 

to  organize  contiguous  territory  928 

Notice  of  election  as  to 928 

Record,  as  to  result  of  election  to 

organize 930 

Justice  of  peace;  security  for  costs, 

n.  1,  812 

License;  amusements 965 

Druggist,  to  sell  liquors 966 

Porters  and  runners 967 

Saloon 968 

Vehicles 969 

Vocation 964 

Bond,  for  grocery 962 

saloon ...  963 

vocation 961 

Minority  representation;  petition 

for  vote  on 942 

record  of  submission 943 

Notice;  election  to  adopt  school 

law,  act  of  ’89 831 

City  to  organize  under  law,  act 

of  ’72  925 

Town  to  reorganize  as  village. . .1008 
Organization  of  contiguous  terri- 
tory   928 

officers  of  town  or  village  or- 
ganized as  city. 932 

annual,  in  city 944 

President  of  board  of  education. . 822 

To  person  elected  to  office 948 

Of  officer  to  incumbent  to  deliver 

over 974 

Election  to  fill  vacancies,  no 

quorum  in  office 949 

Application  to  erase  name  from 

election  register 501 

Special  meeting  of  council 936 

Special  assessment . ‘157 

by  cpUectqr  . 167 


Index. 


Forms  — Continued. 

Oath  of  civil  officer 

officers  of  city  or  village 

commissioners  to  assess  cost  of 

improvement 

oil  inspector  and  deputies 

election  commissioners 

claimant  for  registration  refused, 
on  ap[)lication  to  erase  name  from 

election  register 398, 

of  a registered  voter  notified  as 

suspect 

voter  for  registration  in  precinct 

removed  to 

judges  and  clerks  of  election. 

under  general  law 

act  of  ’85 

Officer;  oath  of  civil 

in  city  or  village 

Notice  to  one  elected  or  appointed 

Commission  or  warrant  to 

Certificate  of  city  clerk’s  election, 
Notice  of  successor  to  deliver 

over 

Ordinance  fixing  amount  of  bond 

Bond  of  city  officer .... 

certificate  of  acknowledgment. 

Oil  inspector;  oath  of 

Ordinance  — style  of 

clerk’s  certificate  in  proof  of  ... 

designating  fiscal  year 

making  appropriations 

assessment  and  levy  of  tax 

regulating  time  of  council  meet- 
ings   

adjourning  regular  meeting 

substituting  a day  for  regular 

meeting 

as  to  absentees  from  council  .... 
fixing  amount  of  official  bonds. . . 

to  improve  street. . . 

to  improve  street  where  property 

is  taken  etc 

construction  of  sidewalk 

sewer 

drains 

to  lay  water  service  pipe. . . 

certificate,  work  done  by  owner. . 
complaint  for  arrest  on  violation, 

summons  on  violation 

complaint  for  arrest  for  disorderly 

conduct 

warrant  for  disorderly  conduct.  . 

indorsement  of  special  bail 

Porters;  license 

Quorum;  ordinance  as  to  absen- 
tees   

notice  of  election,  quorum  not  in 

office 

appointment  of  election  officers  in 
such  case 


481 


Forms  — Continued.  SEC. 

Records;  of  canvass  of  vote;  city  to 
organize  under  law,  act  of  ’72,  927 
submission  to  vote,  town  to  re- 
organize as  village 1007 

city  or  village  incorporated 933 

result  of  election  to  organize  con- 
tiguous territory 930 

submission  to  vote;  question  of 

minority  representation 943 

journal  of  proceedings 941 

Revenue;  ordinance  assessing  and 

levying  tax 979 

collector’s  account  as  to  delin- 
quent lands 773 

certificate  of  judgment  as  to 774 

warrant,  drawn  on  treasurer  . . . 9'78 

Runners  ; license 967 

School ; notice  of  election  to  adopt 

law,  act  of  ’89 831 

president  board  of  education..  822 
board  of  education  in  city  not 

over  20,000 858 

Secretary  of  state,  organization  of 
town  or  village  to  be  filed  with . . 933 

Sewer  ; ordinance  to  construct 990 

for  drains 989 


Sidewalk  ; ordinance  to  construct..  980 
Inspector’s  return  for  assessment  981 
Commissioner’s  report  of  cost  . . . 982 
Order  approving  commissioner’s 

report 983 

Special  assessment;  contractor’s  re- 
lease to  city 193 

Sidewalk  ordinance 980 

Inspector’s  return  for  assessment  981 
Commissioner’s  report  of  cost. . . 982 

Order  approving  report  983 

Ordinance  to  lay  water  service 

pipe 984 

Commissioner’s  report  of  cost  . .985-6 

Order  approving  report 987 

Certificate,  work  done  by  owner,  988 

Ordinance  for  drains 989 

construction  of  sCwers 990 

improve  street 991 

Engineer’s  estimate  of  cost 992 

Certificate  of  work  done, by  owner, 

on  street  993 

Ordinance  to  improve  street, 

where  property  taken  etc 994 

Application  to  assess  damages . . . 995 

Assessment  roll 997 

commissioner’s  certificate  to. . . 998 

notice  to  confirm 999 

, certificate  of  publication 1001 

commissioner’s  oath  to  assess 

damages  996 

affidavit,  posting  notices 1000 

affidavit  of  notice  given 1002 

voucher  to  contractor 1003 

of  abatement 1004 


SEC. 

.p.  5 

82 

153 

667 

369 

392 

405 

396 

404 

945 

379 

p.  5 

82 

948 

972 

973 

974 

970 

971 

654 

667 

218 

951 

975 

976 

979 

938 

939 

940 

937 

970 

991 

994 

980 

990 

989 

984 

988 

953 

952 

957 

954 

956 

955 

967 

937 

949 

950 


Index. 


482 


Fokms — Continupd. 


SEC. 


contmct  for  work  by 1005 

Spirituous  li<iuors;  druggist’s  per- 
mit to  sell 966 

gro(;crv  bond 962 

saloon  i)ond 968 

license 968 

Street;  ordimincci  to  improve 991 

where  proj)erty  is  to  be  taken 

etc 994 

Engine(‘r’s  estimate  of  cost  of  im- 
provement  992 

A])j)lication  to  assess  damages. . . 995 
Certificate  of  work  done  by  owner  993 
Commissioner’s  oath  to  assess 

damages 996 

Tax;  ordinance  assessing  and  levy- 
ing  979 

Town;  record  etc.,  election  to  or- 
ganize as  city 931 

llecord  on  organization  as  city. . . 933 
Notice;  election  of  officers,  on  or- 
ganization as  city 932 

Petition  to  organize  as  village.  ..1006 

Record,  submission  to  vote 1007 

Village;  record  of  canvass  of  votes, 

general  law 947 

Petition  for  new  organization.  . . .1009 
Record  of  proceeding  to  incorpo- 
rate as  city 933 

Petition  to  organize  town  as  . . .1006 

Record,  order  of  submission 1007 

call  and  notice  of  election  on 

organization  as  city 931 

Notice  of  election  in  such  case. . . 932 

to  person  elected 948 

Oath  of  officer 82 

Notice  of  election  to  fill  vacancies, 

no  quorum  in  office 949 

Appointment  of  judges  and  clerks, 

no  quorum  in  office 950 

Water;  ordinance  to  lay  service 

pipe 984 

Commissioner’s  report  as  to  cost, 

985-6 

Approval  of  commissioner’s  re- 
port  987 


Foundry 

Power  to  locate  and  regulate,  .cl.  82,  65 


Fruit  Grower 

May  sell  products  without  license..  227 


G. 

Gaming  and  Gambling  Houses 

Power  to  suppress cl.  45,  65 

Garbage 

Prevention  of  deposit  on  streets, 

cl.  15,  65 

Gardener 

May  sell  products  without  license..  227 


Gas  SEC. 

Part  of  city  etc.  annexed,  use  of . . . .249 
Town  divided;  joint  user 265h 

Geese 

Power  to  prohibit,  at  large....  cl.  80,  65 

Goats 

Power  to  prohibit,  running  at  large, 

cl.  80,  65 


Running  at  large,  prohibited 237a 

Governor  of  State 

Mayor’s  authority  over  militia,  sub- 
ject to 27 

Inspection  of  work  of  sanitary  dis- 
trict   344 

Report  of  pardons  of  convicts.  . . . 381 
House  of  correction,  report  to  . ... . 609 
Library  incorporated  on  basis  of 
donation,  annual  report  to 649h 

Grade 


Power  to  regulate,  of  railroad  cross- 
ings   cl.  25,  27,  65 

Cities  etc.  subject  to  overflow,  high 


grade,  how  fixed 304 

City  etc.  regulate  and  enforce,  for 

levees  etc 627 

of  landing  places 634 

of  land  where  water  stands 635 


Procedure  in  cityetc.  subjectto  over- 
flow where  land  is  below  grade. . 637 

Grand  Jury 

Investigate  as  to  sufficiency  of  fire 


escapes 598 

Grave  Yard 

Exemption  from  taxation cl.  3,  757 

Grocery 

Power  to  regulate  location,  cleanse, 
abate  or  remove cl.  84,  65 

Form. 

Bond  for  license 962 

Guardian  ad  Litem 


Application  to  confirm  special  as- 
sessment, appointment  of,  when.  143 

Gunpowder 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

Gutters 

Power  to  regulate  construction,  re- 
pair and  use cl.  57,  65 


H. 

Habitual  Drunkard 

Intoxication,  see. 

Hackmen 

Power  to  license,  tax  and  regulate. 

cl.  42,  '.,5 


Index. 


483 


Handbills  SEC. 

Regulation  of  posting cl.  17-8,  6/5 

Harbor 

Power  to  regulate  use  of cl.  38,  65 

as  to  appointment  and  duties  of 
harbor  master cl.  39,  65 

Hawkers 


License,  tax,  suppress  or  prohibit, 

cl.  41,  65 

Hay 

Power  to  inspect  and  weigh. . .cl.  54,  65 

Health 

Board  of  Health,  see. 

Power  to  make  regulations  to  pro- 
mote   cl.  78,  65 

Jurisdiction  of  city  or  village  as  to.  45 
City  etc.  subject  to  overflow,  fixing 

of  high  grade 304 

Sanitarv  districts,  organization  etc. 

of .‘ 318-44 

dilution  of  sewage  discharged. . .337-8 

Hearth 

Power  to  prevent  dangerous  con- 
struction  of cl.  63,  65 

Hemp 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

Highways 

Plat  of,  to  be  recorded 687 

Use  by  horse  and  dummy  rail- 
road, consent  required 603 

Consent  given,  subject  to  police 

power 604 

Consent  to  erect  poles  required 897 

Telegraph  poles  where  placed 898 

Railroad  signs  at  crossings 742 

signals  at  crossings 743 

crossings  etc.  where  constructed.  745 

neglect  to  maintain 746-7 

not  to  obstruct 753 

Holiday 

Election  day 386 

School  directors  may  grant  sp’l.cl.  9,  816 

Hoop  Trundling 

Power  to  prevent  and  regulate,  on 
streets cl.  92,  65' 

Horse 

Animals,  see. 

Power  to  prohibit,  running  at  large, 

cl.  80,  65 

At  large,  prohibited 237a 

Horse  & Dummy  Railroads 

May  exercise  the  eminent  domain. . 601 

Compensation,  how  ascertained 602 

Location  of  road  in  city  etc.,  consent  603 
in  public  ground  of  county 603 


Horse  and  Dummy  Railroads  — 
Continued.  sec. 

conditions  of  consent  to  603 

consent  subject  to  police  power. . 604 

Horse  Railway 

None  authorized  witho..t  consent 

of  local  authorities p.  12 

Power  to  permit,  regulate  or  pro- 
hibit   cl.  24,  65 

Pre-requisite  of  grant  of  way,  on 

streets cl.  90,  65 

In  city  etc.  subject  to  overflow,  as- 
sessable for  improvements 308 

Hospitals 

Power  to  establish,  erect  and  con- 
trol   cl.  77,  65 

Contribution,  city,  in  support  of. . .604a 
City  of  100,000  establish  and  main- 
tain   6C4b 

tax  levy,  annual;  election 604b 

directors,  appointment;  term; 

compensation 604d 

organization;  powers 604g 

beneficia  it  s 604h 

paying  patients 604i 

reports,  monthly  and  annual 604i 

quarantine  regulations 604j 

donations  to.  special  trust 604k 

physicians  who  practice  in 6041 

Hotel 

Doors  to  open  outward 726 

House 

Power  to  prescribe  mode  of  erec- 
tion  cl.  61,  65 

to  prescribe  dangerous  construc- 
tion of  chimneys  etc cl.  63,  65 

to  cleanse,  abate  or  remove  un- 
wholesome   cl.  84,  65 

to  prohibit  removal  or  tearing 

down  cl.  62,  65 

Attachment  of  telegraph  wires  etc.  900 

House  of  Correction 

Establish,  erect  and  regulate,  .cl.  69,  65 

Cities  may  establish. . . .' .• 605 

Inspectors;  appointment;  term  of 

office 606 

Rules;  employes;  appropriations. . 607 

Hours  of  labor  and  credit 71 

Compensation  and  duties  of  inspec- 
tors; records . 608 

Books:  accounts;  statements 609 

Reports;  removal  of  officers  etc 610 

Duties  of  superintendent;  appoint- 
ment; term  of  office;  deputy. , . . 611 
County  may  use  house  of  correction.  612 
Commitment  of  county  convicts. . . 613 


Conveying  convict  to.'fees 92a,  614 

Application  of  other  laws  etc 615 

House  of  shelter  for  females 616 

Expenses,  how  paid 617 


481 


Index. 


IIoufiK  OK  roKiiKCTiON — Continued,  sec. 


l)nit«i(l  States  convicts ...  018 

Jlri(l(,*\vell  changed  to  liouse  of  cor- 
rection   019 

Salary  of  sii))(!rint(uidont;  record  of 

conduct;  good  time 020 

Oatli;  bond 021 


Fokm. 

Mittimus,  disorderly  conduct  etc..  900 

House  of  111  Fame  or  As- 
signation 

Power  to  suppress cl.  45,  65 

House  of  Shelter 

House  ok  Cokuection,  see. 

Houses 

Numbering;  regulation  of.... cl.  22,  65 

Hydrants 

Power  to  regulate  construction,  re- 
pair and  use cl.  57,  65 

I. 

Identity 

Organization  under  general  law;  no 
change  of 11 

Illinois,  State  of 

Exemption  from  taxation.  . ..cl.  5,  557 
Jurisdiction  of  lands  acquired  by 
U.  S 880 

Illinois  and  Michigan  Canal 

Powers  of  sanitary  district  as  to.. . . 334 
Removal  of  dams,  when 340 

Illinois  River 

Sanitary  channel  in  to;  capacity  . . 340 
navigable,  when 341 

Incorporation 

City;  Village,  see. 

Under  general  law,  mode  of 1 

Notice  of  election 2 

Ballot;  result 3 

Contiguous  territory,  how  organized 

as  city 5 

Library,- on  basis  of  donation 649e 

Pleasure  driveway  & park  district. 673a 
Forms. 

Petition  to  vote  as  to 923 

Ordinance  submitting  the  question.  924 

Notice  of  election  to  vote 925 

Judges’  return  of  votes  cast 926 

Petition  to  reorganize  town  as  vil- 
lage  1006 

Record  of  order  submitting  the 

question . 1006 

Petition  for  new  organization  as  vil- 
lage  1009 

to  organize  territory  as  city  ....  92S 

Notice  of  election  as  to  

Record  of  result  of  election !):>  > 


Indictment  sec. 

Pre-requisite  of  penitentiary  sen- 
tence  p.  1 

Infamous  Crime 

Crime,  see. 

Conviction  of,  disqualifies  for  office.. p.  3 

Insane  Person 

Power  to  prohibit  sale  of  intoxicant 
to cl.  48,  65 

Confirmation  of  special  assessment, 
guardian  appointed 143 

Indorsement  of  drainage  bonds  for.  309 

Inspectors  of  House  of  Cor- 
rection 

House  ok  Correction,  see. 


Insurance  Company 

Tax  on  net  receipts 622 

on  agents  of  foreign 121 

Per  centage  of  taxes  and  license 
fees  applied  to  police  etc.  fund, . 688 

Intoxication 

Power  to  prevent cl.  59,  65 


Power  to  prohibit  sale  of  liquor  to 
drunkard  or  one  intoxicated. . cl.48,  65 

Itinerent  Merchants 

Power  to  tax,  regulate,  suppress  or 
prohibit 65 

J. 

Jackass 

Ass,  see. 

Not  to  run  at  large 234-7 

Jail 

Power  of  city  to  use  county.  ..cl.  70,  65 

Judgment 

Council  authorize  loan  to  pay 101 

Of  city  court,  effect  and  execution.  294 
Transcript  in  circuit  court 295-6 

Judicial  Cognizance 

Taken  of  organization  under  gen- 
eral law 0 

territorial  change  of  city  etc 263 

formation  of  sanitary  districts...  319 

change  of  corporate  name 276 

incorporation  of  driveways  and 
park  district 673b 

Judicial  Powers 

Where  vested P*  5 

Junk  Store 

Power  to  tax,  license  and  regulate, 

el.  95,  65 

Licenses;  application  of  receipts .. . 697 

Jurisdiction 

Of  justice,  no  special  law  as  to p.  6 

Of  police  magistrate,  no  special  law.p.  6 


Index. 


485 


Jurisdiction— Continued.  sec. 

Of  justice  and  police  magistrate, 

uniform  . p.  G 

Of  cit3^  territorial 45 

land  suits 45b 

ordinance,  to  enforce 45a 

police 90 

taxation 45b 

watercraft 76 

water  supply 199 

waters  bordering 74-5 

disconnection  of  lands  not  platted.  261 
Of  city,  as  to  territory  annexed. . .238-9 
Of  county  court  as  to  annexing  ter- 
ritory   238-9 

Of  circuit  or  county  court  as  to  dis- 
putes on  annexation 245-50 

Of  circuit  court,  town  divided 265e 

Of  city  courts  of  record 280 

County  court,  to  assess  cost  of  im- 
provement  151 

Of  county  court,  disconnecting 

lands  as  new  town 265a 

Of  police  magistrate 224-5 

Of  justice,  violation  of  ordinance. 69,  72 
Of  police  magistrate,  as  to  violation 

of  ordinance . . . 69,  72 

Of  justice,  animals  at  large..  .236,  327a 
Ballot  box  ; to  remove  obstruction 

to  view  of 421 

Bawdy  house;  in  city cl.  45,  65 

Bridge  ; fast  driving  on 595 

injury  to 812 

Business  offensive  ; in  city cl,  83,  65 

Cemeteries;  in  city cl.  79,  65 

Drainage  district ; as  to  way 316 

Damages,  as  to  way 317 

To  organize  sanitary(drain)districts.  318 

Of  sanitary  districts,  as  to  water 

power,  dockage  etc 324 

Defect  of  sanitary  channel 344 

Eminent  domain 572 

Disorderly  houses  ; in  cities. . . cl.  45,  65 

Fire  escapes;  of  county  etc.  authori- 
ties  596 

Health;  of  city 45 

Oil  inspection  ; of  justices 673 

Packing  houses,  tanneries  etc.  ; in 

city cl.  81,  65 

Prostitution  in  boats  on  waters 76 

Registration  of  voters  ; of  county 
court  to  insert  or  erase  names.. . . 400 

Sidewalk  ; as  to  injury  to 812 

Water ; of  city  as  to  pollution  of 

supply 910 

Of  circuit  court ; as  to  water 

rates 921a 

Of  U.  S.  over  lands  acquired 880 

Of  Illinois  over  same  land 880 

Juror 

Fees  of,  in  city  court ; how  paid. . . 298 


Jury  SEC. 

List ; registration  verification  lists 

^ used  for 393 

Ascertain  compensation  for  prop- 
^ erty  taken  for  public  use. . .p.  1 ; 571 
Eminent  domain  ; jury  in  vacation!  576 

view  of  premises,  verdict 579 

Exemption  of  election  officers  from 

jur}^  duty 375 

of  certain  school  officers  from 
jury  duty 371 

Justice  of  the  Peace 

Jurisdiction  and  duties  ; no  special 

law  as  to p_  3 

uniform ! ’p]  5 

Election  of !p!  6 

In  Chicago,  appointed p!  (j 

In  territory  detached  by  annexation  253 
Two,  to  assist  in  canvass  of  election 
of  officers,  on  organization  of 

territory  as  city g 

to  assist,  in  canvassing  returns  on 
election  to  organize  territory. . 5 

Assist  in  canvass  of  vote  on  new  or- 
ganization of  village 213 

Recognizances  returnable  to  city 

court 292 

City  courts  have  jurisdiction  of  ap- 
peals from 280,  281 

may  issue  certiorari  to ’ 281 

Animals  ; at  large,  prohibition. 236,  237a 

injury  to,  by  railroad cl.  26,  65 

Ballot  box;  obstruction  from  public 

view 421 

Bridge  ; of  injury  to 812 

fast  driving  on 595 

House  of  correction  ; committal  to.  613 

Ordinances  ; violation  of 72 

Oil  inspector  ; violation  of  statute..  673 

Sidewalks  ; as  to  injury  to 812 

Town  divided,  serve  term 265i 

Form. 

Security  for  costs  before u.  1,  812 

K. 

Kite  Flying- 

Power  to  prevent  etc.  on  streets 

cl.  92,  65 

L. 

Lake 

Jurisdiction  of  city  over 74 

Driveway  on  shore  of,  improve- 
ment, extension  etc 889a 

Landing  Places 

Power  to  construct,  repair  and  reg- 
ulate use cl.  32-3,  65 

fix  price  for  use  of cl.  37,  65 


Index.  * 


Landings  and  Levees  si:r. 

VVlien  luiulin^.s  and  Invecs  may  bo 

loasod 02J3 

Wlmt  lands  may  be  leased;  when 

lease  shall  take  effect 624 

ower  to  protect  from  overflow  of 

levees  etc 625 

Purchase  or  condemnation  of  lands..  626 

Notice  to  owners,  to  repair 627 

When  city  etc.  may  re})air 628 

City  etc.  may  enter  on  lands  to  re- 
pair   629 

Work  charged  to  party  liable;  lien 

therefor 680 

I..ien;  how  enforced 681 

Who  may  })urchase  at  sale. ......  682 

Emergency;  repairs;  payment;  lien; 

defense 638 

Public  landing  places;  ordinances; 

tolls;  grade;  penalty 634 

Stagnant  water  ; abatement  of 635 

Liability  of  city  subject  to  overflow 
for  damages  ; insufficient  levee . . 636 
Proceeding,  where  land  below  grade  637 
Cutting  or  destruction  of 637a 

Lard 

Inspection  of cl.  53,  65 

Power  to  regulate  sale  of cl.  50,  65 

Lease 

By  city  etc.  of  landings  and  levees.  624 

Lecture  Room 

Doors  to  open  outward  726 

Penal tj'- 727 

Legislation 

Special  or  local,  prohibited p.  3 

Exclusive  power  of  U.  S.  over  land 
acquired 880 

Levee 

Power  to  construct,  repair  and  reg- 
ulate use  of cl.  3^3,  65 

Libraries;  Public 

Establishment  by  city  ; tax  ; fund.  638 

Appointment  of  directors 639 

Term  of  office  ; removal 640 

Vacancies  ; compensation 641 

Organization  ; powers  of  directors  ; 

funds 642 

Who  may  use  library 643 

Report  of  directors 644 

Council  may  fix  penalties 645 

Donations 646 

Powers  of  villages,  towns  and  town- 
ships  647 

Directors  in  villages,  towns  and 

townships 648 

On  corporation  on  basis  of  donation  649e 
Building  for,  city  over  10,000 649a 


License  bec. 

City  Council,  see. 

Council  fix  amount,  terms,  issue 

and  revocation  of cl.  4,  65 

Farmers  etc.  may  sell  products 

witlu)ut 227 

Ihnver  to  license  ferries  and  bridges  592 
Sale  of  spirituous  and  malt  liquors.  650 

652 

Per  centages  of  proceeds  of  certain, 
granted  to  police  etc.  fund.  .688,  697 

Forms. 


Amusements 965 

Druggist,  to  sell  liquors 966 

Porters  and  runners 967 

Saloon 968 

Vehicles 969 

Vocation 964 

Bond  for  business 961 

grocery 962 

saloon 963 

Lien 

Of  bonds  issued  by  drainage  dis- 
trict  306 

Of  water  rates  etc.;  enforcement. . . 911 
P'or  work  done  by  city  etc.  on  pri- 
vate owner’s  levee  etc 630-1 

Of  judgment  of  city  court 294 

Judgment  confirming  special  as- 
sessment   164 

Judgment  for  special  assessment. . 178 
Of  special  assessment 181 

Light  Tax 922 

Liquors 

Spirituous  Liquors,  see. 

Livery  Stable 

Stable,  see. 


Power  to  tax  and  regulate cl.  91,  65 

locate  and  regulate cl.  82,  65 

Local  Improvements 

Special  Assessment,  see. 

Lodging  House 

Statute  in  regulation  of.  .cl.  62,  n.  3,  65 

Lottery 

Power  to  suppress cl.  45,  65 

Lumber 

Power  to  regulate  inspection  and 
measuring cl.  54,  65 

Lumber  Yard 

Power  to  tax  and  regulate cl.  91,  65 

to  prohibit  within  fire  limits, 

cl.  93,  65 

M. 

Manufactories 

Power  to  prevent  dangerous  con- 
struction of  chimneys  etc.,  .cl.  63,  65 


Index 


487 


Marine  sec. 

Not  a resident  because  stationed 
here p.  7 

Markets 

Power  to  establish  and  regulate, 

cl.  49,  65 

Farmer,  fruit  grower  etc.  may  sell 
products  without  license 327 

Master  in  Chancery 

Appointment  of,  for  city  court,  . . . 288 
Powers,  duties  and  compensation  of  288 

Mayor 


Elective  officer 79 

Elected  biennially 52 

Chief  executive  of  city 15 

Qualifications  of 15 

Term  of  office 15 

Bond,  not  less  than  $3,000 82 

Hold  no  other  office  under  city 87 

Compensation  of 93 

Vacancy,  how  filled 16,  17 

Absence  or  disability,  mayor  pro 

tern 18,  39 

Removal  from  city  limits;  vacancy.  19 
Vacancy,  under  general  election 

law n.  1,  19 

Preside  at  council  meetings,  with 

casting  vote,  only 20 

Call  special  meetings  of  council. . . 36 

V eto  power 37 

Removal  of  appointed  officer 21 

Power  to  keep  peace 32 

Release  of  violator  of  ordinance. . . 23 

General  duties 24 

Examination  of  books  etc.  of  city 

employe 25 

Messages  and  recommendations  to 

council  . 26 

Mai  conduct  or  misfeasance,  penalty  28 
Appoint  revisor  of  ordinances  ....  29 

Appoint  officers  (except  aldermen) 

to  vacancies 81 

A trustee  of  police  and  fireman’s 
fund 689 


Sign  warrants  on  police  and  fire- 
man’s fund 692,  721 

Commissioner  of  police  pension 

fund 697 

Conservator  of  the  peace 90 

Use  police  force  to  suppress  riot. . . 92 

Call  out  militia,  when 27 

subject  to  governor 37 

May  order  public  building  closed, 

when 728 

An  inspector  of  house  of  correction  606 
House  of  correction ; appoint  in- 
spectors and  superintendent. 605,  011 

board  of  education,  when 833 

Hospital  directors,  and  remove. . . .6C4d 
Appointment  of  library  directors. . 639 


M.AVOU — Continued.  sec. 

Removal  of  library  directors 640 

Appoint  oil  inspector 666 

Give  notice  of  election  to  incorpo- 
rate   2 

Execute  bonds  issued 741 

Sign  all  warrants  on  treasury 109 

Power  to  administer  oaths 98 

Interest  in  contract  prohibited  ....  908 

Meal 

Power  to  provide  for  inspection  of. 


cl.  53,  65 

Meats 

Power  to  provide  for  inspection  of, 

cl.  53,  65 

to  regulate  sale  of cl.  50,  65 


Medical  Dispensaries 

Power  to  establish,  erect  and  con- 
trol   cl.  77,  65 


Mendicants 

Power  to  restrain  and  punish. . .cl.  74,  65 

Merchandise 

Power  to  inspect,  weigh  and  meas- 


ure   cl.  54,  65 

Militia 

Mayor  call  out,  when 27 

Mills 


Power  to  authorize  construction, 

cl.  88,  65 

Minor 

Power  to  prohibit  sale  or  gift  of  in- 
toxicants to cl.  48,  65 

to  forbid  sale  by,  to  j unk  or  second 

hand  dealers cl.  95,  65 

Sale  of  obscene  publication  through, 

penalty 895 

Confirmation  of  special  assessment, 

guardian  appointed . 143 

Indorsement  of  drainage  bonds  for.  309 

Minority  Representation 

Submission  to  vote,  when  and  how,  56 

Aldermen  under 57 

when  not  adopted 58 


Fokms. 

Petition  for  vote  on  question  of  . . . 943 
Record  of  submission  of  vote 943 

Misdemeanor 

Appointing  alien  or  non  resident 

special  police  etc cl.  68,  65 

Official  bribery;  interest  in  contract. 665 
Obscene  publications,  sale  of  etc.  .893-5 
Declared  by  election  law  in  cities 
etc.  .378.  394,  419-21,  460-6,  470.  551 


Sparrows,  killing  of  ; bounty 870d 

Imprisonment 613 

Mob.  Riot,  see. 


488 


Index. 


Money  Changer  bec. 

Power  to  tax,  license  and  regulate, 

cl.  91,  65 

Mule 

At  large;  i)roliibition 237a 


Municipal  Corporation 

Duainace  and  Sewerage;  Town; 
ViELAGE,  see. 

Pow’er  to  assess  and  collect  taxes. . .p.  8 

Taxes  must  be  uniform p.  8 

State  not  impose  taxes  on p.  9 

All  property  taxable  to  pay  debts,  .p.  9 
Private  property  not  taken  to  pay 

debts  p 10 

Local  improvement  by  special  as- 
sessment or  special  taxation p.  8 

No  release  of  obligation  to  state. ..  .p.  4 

Indebtedness  limited p.  10 

Defaulter  not  eligible  to  office...  p.  10 
Not  subscribe  to  aid  private  corpo- 
ration   p.  12 

City  under  general  law;  general 

powers 10 

special  powers. 65 

Murder 

Not  cognizable  in  city  court 280 

Museum 

Building  for,  in  park 678p 

N. 

Name 

Of  place  not  to  be  changed  by 

special  law p.  3 

Of  city,  under  general  law 10 

Of  village 215 

Power  to  name  streets  etc  cl.  23,  65 

Use  of  false  etc.,  at  election  or  reg- 
istration  447-8 

Change  of  name  of  city  etc.  pro- 
cedure   271-8 

Naturalization 

Alien,  see. 

Newspapers 

Obscene ; sale  or  exposure  of  etc. , 
penalty 893-5 

Nitro-glycerine 

Power  to  regulate  and  prevent 

storage  of cl.  65,  65 

Noises 

Power  to  prevent  and  suppress, 

cl.  72,  65 

Non  Residents 

Not  act  as  special  policeman,  .cl.  68,  65 
Notice  of  proceeding  to  condemn 
private  property 573 


Notary  Public  bec. 

Not  disqualified  as  judge  or  clerk  of 
election 374 

Notice 

Judicial  Cognizance,  see. 

Of  terms  of  city  court 289 

Mayor  give,  of  vote  to  incorporate.  2 
County  judge  give,  of  election  to 

organize  territory  as  city 5 

Town  to  organize  as  village 207 

Of  election  of  officers,  on  organiza- 
tion as  village 214 

Of  election  to  change  from  city  to 

village 209 

Of  hearing  on  petition  to  change 

name  of  city  etc 274 

Notice  of  change  of  name  to  secre- 
tary of  state 276 

Of  election  of  aldermen 59 

To  persons  elected  or  appointed  to 

office 62 

Of  special  election 64 

Trustees  of  town  becoming  city 

give,  of  election  of  officers 7 

Of  election  of  board  of  education  822 

Failure  to  give  notice  thereof 823 

Of  election  to  adopt  general  law  in 

lieu  of  special  charter 831 

Of  election,  to  annex  territory 239-9 

Of  election  to  divide  town 265a 

officers  on  division 265a 

Of  election  in  village  etc.  to  estab- 
lish library  and  tax  for 647 

Of  election  to  organize  sanitary 

(diain)  district 318 

Of  damage  in  construction  of  works 

of  sanitary  district 336 

Of  election  to  adopt  election  law.. . 352 
To  judges  and  clerks  of  elections, 

to  qualify 379 

Of  registration  and  ( lection 384 

Of  application  to  erase  name  from 

voters 398,  409 

Of  election,  form  of 501 

sheriff  or  supervi.-or 502 

primary  election,  form  of  etc  ...  546 

Registration;  to  suspected  person, 

395,  399 

Driveways  and  park  district;  of  elec- 
tion to  incorporate 673b 

special  meeting  of  trustees 673k 

annual  election  of  trustees 6731 

Hospital  fund,  election  to  tax  for.  .604c 
Board  of  education,  election  of,  city 

not  over  20,000 858 

To  officer  to  give  additional  or  new 

bond 655 

To  erect  fire  escapes 598 

For  bids  on  sale  of  property  by  city  814 

Of  proceeding  to  condemn  private 
property 573-4 


Index, 


489- 


Notice  — Continued.  sec. 

To  bind  ovvncr,  in  city  etc.  subject 
to  overflow,  to  repuir  levees  etc. . 327 

Of  special  assessment 157 

Of  hearing  to  confirm 157 

Proof  of,  to  confirm  special  assess- 
ment  158 

Notice  too  late,  continuance 159 

Collector’s  of,  special  assessment.. . 167 

by  instalments 189 

Of  liearing  of  application  to  locate 

horse  etc.  railway 603 

County  to  use  house  of  r orrection.  612 
Election  to  adopt  general  school  law  831 
To  establish  board  of  education  in 

city  not  over  20,000 858 

To  vote  for  organization  under  act 

of ’72 925 

Town  to  reorganize  as  village 1008 

Organization  of  contiguous  terri- 
tory as  city 928 

Officers  of  town  or  village  organ- 
ized as  city 932 

Annual,  in  city 944 

President  of  board  cf  education. . . 822 
To  fill  vacancies,  no  quorum  in 

office 949 

To  person  elected  to  office 940 

Officer  elect  to  incumbent  to  deliver 

over 974 

Application  to  erase  nan  e from  elec- 
tion register 501 

Special  meeting  of  city  council. . . . 936 

Special  assessment  made 157 

publication 157 

collection 167 


Nuisance 

Power  to  declare,  abate  and  impose 

fine cl.  75,  65 

Power  to  declare  stagnant  water  on 

land 635 

Levee  out  of  repair,  abate 628 

Railway  in  city  etc.  subject  to  over- 
flow not  raising  grade 308 


O. 

Oath 

Of  civil  officers p.  5 

Of  officers  of  election 60 

Of  election  commissioners 369 

Of  chief  clerk  of  election  commis- 
sioners  371 

Of  election  judges  and  clerks 279 

Of  applicant  for  registration 390 

Of  one  on  refusal  to  register 392 

Of  one  claiming  registration,  at  last 

meeting 396 

Of  one  registered,  on  examination 

as  suspect 396 

Of  one  moving  to  erase  name  from 

registration 398,  405 

■ ‘ Of  voter  removed  from  precinct. . . 404 


Oath  — Continued.  beg. 

Who  may  administer 483,  554 

Fabse  swearing  or  advising  it 456-7 

Violation  of,  of  judges  or  clerks  at 

primary  election 547 

Of  voter  at  primary  election 550 

Of  officers  of  house  of  correction. . 621 
Of  commissioners  to  assess  cost  etc. 

of  improvement 153 

Of  juror,  on  condemnation  of  pri- 
vate property 578 

Of  deputy  oil  inspector 666 

Of  oil  inspector 667 

Mayor  and  city  clerk  may  adminis- 
ter  98 


Forms. 

Of  civil  officer p.  5 

officers  of  city  or  village 82 

commissioners  to  assess  cost  of 

improvement 153 

oil  inspector  and  deputies 667 

election  commissioners 369 

claimant  for  registration  refused,  392 
On  application  to  erase  name  from 

register 398,  405 

Of  one  registered  notified  as  suspect,  396 
voter,  for  registration  in  precinct 

removed  to 404 

judges  and  clerks  of  election, 

under  general  law 945 

act  of  ’85 379 

Obscene  Publications 

Sale  or  exposure  of  etc.,  penalty.. 893-5 

Offal 

Prevention  of  deposit  on  streets, 

cl.  15,  65 

Office 

Officers,  see. 

Only  citizen  of  U.  S.  resident,  com- 
petent  p.  7 

Defaulter  not  eligible  to p.  10 

Disqualification  for p.  3 

City  register’s,  abolished 14 

City  council  may  create  office  of  su- 
perintendent of  streets 80 

Officers 

Elections;  House  of  Correction; 
Mayor,  and  by  titles  of  office,  see. 

Elective  ofldeers,  named 

Officers  city  council  may  cause  to 
be  appointed  and  discontinue .... 
Mayor  appoint,  with  advice  of  coun- 
cil   

Council  prescribe  duties 

Term  of,  not  to  exceed  two  years. . 

Oath  of  office  

Bond;  conditions 

(’oramissions  to. 

Delivery  over  to  successor 

Qualifications  of 


79 

80 

81 

81 

81 

82 

82 

83 

83 

84 


4!K) 


Index. 


Opkicerh  — Continued.  sec. 

Defaulter  not  eligible 84 

Not  to  be  interested  in  any  contract, 

purchase  or  sale  by  city 85,  664 

Not  to  be  interested  in  tax  sale 85 

Elective  orticers,  not  to  hold  other 

olHce  87 

Duties  of  clerk 88-9 

Conservators  of  peace,  who 90 

Prisoner,  conveyance  of 92a 

Compensation  how  fixed  etc 96 

not  changed  during  term 96 

Limit  of  conipen.satiou 96 

Term  not  extended p.  4 

Acknowledgment  of  bonds 654 

When  additional,  or  new,  bonds 

may  be  required 654 

Release  of  sureties 655 

EtTect  of  new  bond 656 

When  effects  to  be  delivered  to 

sureties 657 

Suit  on  bond;  executors  etc 658 

Execution;  lien ..  ..  659 

Resignation  of  elective  officer 660 

When  office  becomes  vacant 661 

Who  may  determine  when  vacancy 

exists 562 

Aldermen  of  cities;  trustees  of  vil- 
lages   663 

Malconduct  or  misfeasance 28 

Bribery 86  and  n.  3,  664 

Employment  of  alien  by,  on  public 

work,  prohibition 228 

Payment  of  public  funds  to  alien 

employe,  liability 230 

Power  to  establish  relation  between. 


Elected  or  appointed,  clerk  notify.  62 
Tie  vote  on  election,  how  deter- 
mined   61 

Special  election  for,  how  called 63-4 

Oath  or  affirmation  of  civil p.  5 

Incorporation  under  general  law, 

certain;  continue  to  act 3 

On  organization  as  city,  aldermen 
may  be  elected  on  general  ticket.  7 
Vacancy  as  to  alderman,  election, . 33 

Expulsion  of  alderman 36 

Vacancy  of  mayor’s  office  by  re- 
moval fro  u city 19 

Hospital  directors,  appointment. . .604d 

terms  of  office;  removal 604e 

vacancy,  mayor  fill 604f 

compensation,  none 604f 

Power  in  mayor  to  remove  ap- 
pointees   21 

Power  in  council  to  disapprove 21 

Power  of  mayor  to  inspect  records.  25 
Organization  of  town  as  city,  elec- 
tion of  7 

Town  organized  as  city,  canvass  of 
election  returns  for 8 


’Officers  — Continued.  sec. 

' City,  elected  on  organization  under 

; general  law;  term  of 9 

j On  organization  of  village,  town 

officers  act  until  211 

Organization  of  village,  election  of.  214 
Appointment  of  village,  their  duties 

and  fees 219 

Town  divided,  vacancies 265i 

election;  terms  of 265a 

Judicial,  reside  in  district  of  elec- 
tion  p.  6 

Election  of,  in  sanitary  districts. 319-20 
Powers  of,  in  sanitary  districts. . . . 321 
Of  detached  territory  hold  until 

annual  election 252 

Of  schools;  liabilities 846-8 

Certain,  of  schools  hold  over 852 

Forms. 

Oath  of  civil  officer p.  5 

of  officer  in  city  or  village 82 

Notice  to  person  elected  to 948 

Commission — or  warrant — to 972 

Notice  of  successor  to  deliver  over.  974 
Ordinance  fixing  amount  of  bonds.  970 

Bond  of  city  officer 971 

certificate  of  acknowledgment. . . 654 

Oil  inspection 

Appointment  of  inspector;  term  of 

office;  deputies 666 

Oath;  bond;  suit  on  bond 667 

Duty  of  inspector 668 

Test;  casks  marked;  inspector  not 

to  trade  ill  oil.  669 

Record  kept  and  open  to  examina- 
tion   670 

Penalty  for  misconduct  in  office. . . 671 
Penalty  against  manufacturers  and 

dealers  in  oils 672 

Fines,  how  recovered  and  disposed 

of 673 

Form. 

Oath  of  inspector  and  deputies. . . . 667 

Ordinances 

Power  to  pass  police cl.  66,  65 

Power  to  pass  and  enforce  proper 

and  necessary cl.  96,  65 

Yea  and  nay  vote  required  when. 42,  878 
Vacation  of  street  etc.,  three  quar- 
ter vote  of  aldermen  elective  re- 
quired   877 

Sale  of  school  property,  three-quar- 
ter vote  required,  of  all  entitled 

to  be  elected 42 

Appointment  of  revisor  of 29 

Council,  fix  compensation  of  re- 

visor  29 

Approval,  veto,  reconsideration ...  47-8 
City  or  village  may  impose  fines  and 
penalties 78 


Index. 


491 


Ordinances — Continued,  sec. 

To  prescribe  mode  of  paying  over 

tines 70 

Limit  of  tine  or  penalty cl.  96,  65 

Style  [title]  of 66 

Style  of  village 218 

Publication  of ; when  in  force.  ...  67 

Jurisdiction  to  enforce 45a 

On  organization  under  general  law, 

remain  in  force  until 11 

Prescribe  duties,  fees  and  bond  of 

village  officers 219 

May  tix  tiscal  }’ear 99 

Annual  appropriation,  when  passed, 

100,  122 

Levy  of  amount  so  ascertained. . . . 122 
Hospital  funds  included,  when... . 604c 
Appropriations  of  annexed  territory 

included 242 

For  apportionment  of  debt  on  an- 
nexation.   245 

Ordinance  as  to  dram  shops  in  terri- 
tory annexed  remain  in  force 

until 255 

Annex  adjoining  lands,  on  peti- 
tion, by 673k 

Disconnecting  territory 261 

recording  of 262 

Town,  division  of ; determining 

debt  and  property  right 265e 

Required  to  establish  or  discontinue 

city  court 300 

Required  for  sale  of  city,  etc.,  prop- 
erty  813 

Contents  thereof 814 

To  build  sidewalk  by  special  tax, 

contents 872 

publication  thereof 872 

For  improvement,  prescribe  taxa- 
tion or  assessment 132 

improvement  requiring  taking 
etc.  of  property,  proceeding  to 

ascertain  damages 133-45 

improvement  by  general  tax,  cost 
in  appropriation  ordinance. ...  146 

by  special  tax,  proceeding  as  by 

assessment,  147 

contents  of 149 

payment  by  instalments,  required.  185 

contents  of 187 

may  pass  before  assessment  con- 

tirmed 197 

instalments,  number  and  amount 

of  bond  issue 197a,  b 

Required  to  drain  city  etc.  subject 

to  overflow 305 

for  issue  of  bonds  for  drainage. . 307 
to  effect  purposes  of  drainage 

district 310 

Pleasure  Driveways  and  Park 

District,  power  to  pass 673d 

record  of 673e 


Ordinances— Continued.  sec. 

when  in  force  ; proof  of 673f 

president  sign 673k 

Power  of  trustees  of  sanitary  dis- 
tricts to  pass 321 

Ordinances  of  sanitary  district, 

when  in  force 322 

how  proved 323 

may  prescribe  improvement  by 

instalments 331 

Ordinance  of  sanitary  district  call- 
ing for  drainage  etc.  to  property; 

damage,  how  flxed 333 

Prescribe  mode  of  treasurer’s  books.  103 
As  to  treasurer’s  deposit  of  funds. . 107 

Proof  of,  how 68 

Certifled  copy,  prima  facie  of  regu- 
larity  89 

Mayor  call  out  militia  etc.  to  en- 
force, when 27 

Justice  or  police  magistrate  has 

jurisdiction  of  violation 72 

Action  to  enforce  penalty  for  viola- 

' lion 69 

Violation  of  village,  prosecution, 

how 223 

Violation  of,  imprisonment  until 

tine  paid,  when ...  71 

Release  of  imprisoned  violaters 23 

Application  of  moiety  of  costs  col- 
lected on  violations 697 

Forms. 

Style  [title]  of 218 

City  clerk’s  certificate  in  proof  of. . 951 

Designating  tiscal  year 975 

Appropriation 976 

Regulating  time  of  council  meetings  938 
Adjourning  regular  meeting  of 

council 939 

Substituting  a day  for  regular  meet- 
ing of  council 940 

As  to  absentees  from  council  meet- 
ing  937 

Fixing  amount  of  official  bonds 970 

Assessment  and  levy  of  taxes 979 

Improvement  of  street  991 

property  taken  etc 994 

Construction  of  sidewalk 980 

sewer 990 

drains 989 

water  service  pipe 984 

Complaint  for  arrest  for  violation 

of  953,  957 

Summons  for  violation  of 952 

Warrant  for  arrest  for  violation  of.  954 

disorderly  conduct 956 

Indorsement  of  special  bail  on 

charge  of  violation 955 

Ordinaries 

Power  to  license,  tax,  regulate. 

I suppress  or  prohibit .cl.  41,  65 


Index. 


49: 


Oven  SEC. 

Power  to  prevent  dangerous  con- 
struction of cl.  63,  65 

P. 

Packing  Houses 

Power  to  locate  and  regulate,  .cl.  81,  60 

Pardons 

Governor  to  report,  to  election  com- 
missioners   381 

Park 

Powers  as  to cl.  7,  65 

Power  of  commissioners  to  acquire 

control  of  parks  etc.  in  city  etc,  674 

of  control  under  act 675 

Reversion,  when 676 

Power  of  city  etc.  to  vest  right  of 

control 677 

Parks  existing  (1891),  bond  issue  ^ 

for  improvement.  678a 

limit  of  issue  and  debt 678a 

tax  annual  for  maintenance..  . . .678a 

bonds,  issue  when  and  how 678b 

denomination,  interest  etc.  . . .6781) 

registration  ; as'-ignment 678b 

interest  paid  from  annual  tax.. 678c 
option  to  pay  after  five  years.  .678d 

sinking  fund  provide 678c 

payments  from  678d 

purchase  of  bonds 678e 

Existing  (1893) ; additional  tax  levy 

to  maintain 678o 

Park  on  Lake  ; bond  issue  for 

protection  of  shore  line.  . . . 678g 
Bonds;  interest,  time  of  payment. 678h 
sale  of  ; exclusive  use  of  pro- 
ceeds   678i 

tax,  additional  to  pay 678 j 

Park  and  Boulevard 

Tax,  to  purchase  lands  for  ; cities 

of  25,000  to  100,000. 678k 

fund  may  be  placed  with  park 

association 678e 

Election  a prerequisite 678m 

Pleasure  Driveways .882-6 

Drives  to  882 

Special  assessment  for 883 

Park  commissioners’  control 884 

. . . . 88' 


Park  and  Boulevard — Continued,  sec. 

powers,  corporate 673c 

president  and  trustees 673c 

qualifications,  terms  of  otlice..673c 

vacancy,  appointment  to  fill 673i 

by  neglect  of  duty 673i 

election  annual 6731 

President,  duties  of 673k 

vote  on  tie  only 673k 

organization,  secretary  and  treas- 
urer  673c 

powers;  oflicers  and  employes.  .673d 

compensation , none 673d 

ordinances,  rules  and  regulations. 673d 

record  of  proceedings 673e 

open  to  inspection 673e 

Ordinances,  appropriation  posted, 

in  effect,  when 673f 

generally,  when  in  force 673f 

proof  of 673f 

Improvement  etc.,  acquire,  lay  out, 

build  and  maintain 673g 

Municipalities  may  place  parks  etc. 

under  control  of 673g 

Acquisition  of  lands 673h 

by  general  tax  or  special  assess- 
ment  673a 

Maintenance  by  general  tax 673h 

tax  levy  when 673h 

Annexation  of  adjoining  territory.  .673j 

petition  . ordinance . 673j 

Organization  ; judicial  cognizance 

of 673b 

Improvement  and  maintenance. . . 889a 

Lake,  oxtcnsionon 889b 

plans  and  estimates 889c 

riparian  rights ; consent  of  owners  889c 

construction  of  ; title  to 889d 

constructed;  vesting  of  title 889e 

street  exte  s^ons  to 889f 

Museums  ; building  for,  purchase 

or  erect 678p 

admission  fee 678p 

public  school  children  free 678p 

election  before  proceeding 678p 

Partition  Fences 

Power  to  regulate cl.  60,  65 

Party  Wall 

Power  to  regulate cl.  60,  65 


Reversion  of  street  when > 

City  etc.  ma}'  grant  control 886  Pawnbrokers 

ft«7  License,  tax,  suppress  or  prohibit 

cl.  41,  65 


887 

888 
889 


Drives,  when  established. . . . 

Laid  out,  how 

Control  of 

Pleasure  Driveway  and  Park 

District,  incorporation  of . . 673a 
petition  of  voters,  to  county 

judge 

election 

officers,  election  of. 

name  of  district 673c 


Licenses ; proportion  of  receipts 
from,  applied 697 

Peddlers 

Licenses,  tax,  suppress  or  prohibit 

cl.  41,  65 

Farmers  etc.  may  vend  products 
without  license 227 


Index. 


m 


Penalty  SPX. 

Fines  and  Penalties,  see. 

Proportioned  to  offense p.  1 

May  be  prescribed  for  non  attend- 
ance at  council  meeting 37 

Malconduct  or  misfeasance  of  offi- 
cer   28 

False  certificate  of  municipal  record  591 

Injury  to  bridge  or  sidewalk 811-2 

Use  of  county  jail  to  enforce,  .cl.  70,  65 

Animals,  domestic,  at  large 237a 

Election  Law  ; mutilating  public 

register. 417 

Obstructing  view  of  ballot  box  . . . 421 

Offenses  generally 447 

Offenses  at  city,  village  or  town 

election 449 

Judge  wilfully  refusing  vote  etc...  450 

False  canvass 451 

Permitting  false  ballots  etc 452 

Misconduct  of  officers  ; fraud 453 

Stealing  document,  vote  etc 454 

Person  not  an  officer 455 

False  swearing 456,  497 

Advising  false  swearing 457 

Changing  ballot  etc 458 

Disobeying  judge’s  command 460 

Breach  of  the  peace 461 

Interfering  with  judge  etc 462 

Destroying  or  concealing  ballot  etc.  460 
Wilfully  admitting  to  registration 

etc 464 

Absence  of  judge 465 

Keeping  ballots  behind  box 466 

Electioneering 466 

Use  of  spirituous  liquors  etc 467 

Fraudulent  registration 497 

Levee  or  emb^ankment,  cutting  or 

destroying 637a 

Police,  appointing  alien  or  non 

resident,  special cl.  68,  65 

prisoners,  conveyance  of 92c 

Primary  election;  violation  of  law.  570 

offenses  and  penalties 551 

Registration,  clerks  neglects  on 

canvass 395,  408,  409 

as  to  notice  to  suspects. . . . 396,  408 

Pension 

Police  and  Fireman’s  Fund,  see. 

Perjury 

Conviction  of,  disqualifies  for  office. p.  3 
Registration,  false  affidavit  of 

notice  to  suspect 396 

Petroleum  or  products  thereof 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

Physicians 

City  hospital,  who  may  practice  in. 6041 


Pigeonhole  sec. 

Power  to  license,  regulate,  tax  or 
prohibit  table cl.  44,  65 

Pig-Sty 

Power  to  locate,  cleanse  or  abate 

cl.  84,  65 

Pin  Alley 

Power  to  license,  regulate,  tax  or 


prohibit.  cl.  44,  65 

Pitch 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

Plats 

Laying  out  towns  etc 679 

Certificate  of  surveyor  ; acknow- 
ledgment ; record 680 

Dedication  ; effect  of 681 

Neglect  to  plant  corner  stone  etc. . . 682 
Penalty  for  selling  without  plat  re- 
corded etc 683 

Vacation  of  entire  plat . . . . 684 

of  part  of  plat 685 

Canceling  plat  of  record.  . . 686 

Plats  of  Iiighways  etc.  to  be  made 
and  recorded 687 


Pleasure  Driveways 

Parks,  Streets,  see. 

Police 

Power  to  regulate cl.  66,  65 

Power  to  pass  and  enforce  police 

ordinances ...  .cl.  66,  65 

Power  to  prescribe  powers  and 

duties  of cl.  68,  65 

Conservators  of  peace 90 

Service  of  process 90 

District  defined  91 

Powers  of,  within  district 92 

Arrest  for  fast  driving  on  bridge. . . 595 
Registration  of  voters,  assist  can- 
vass  304,  407 

refusal  penalty 394 

Remove  obstruction  from  view  of 

ballot  box 421 

Employed  in  city  etc.  annexed  re- 
tained for  enlarged  city  etc...  . 254 
Non  resident  not  appointed  special, 

cl.  68,  65 

Alien  not  appointed  special. . .cl.  68,  65 
Violation  of  act,  penalty cl.  68,  65 


Prisoners,  conveyance  of 92a 

vehicle  covered 92a 

prohibition 92b 

penalty 92c 

act  apply  to  cities  of  50,000  92c 

Chicago  sanitary  district  maintain. 344a 

powers  as  city  police 344a 

acting  in  city  or  village  subject 
to  its  police  control 344a 


Index. 


m 


Police — Continued.  bec. 

territory  within  which  exercise 

powers 344a 

Application  of  rewards  paid  to. 697,  711 

of  lines  imposed  on 697 

Assesin’t  toward  police  pension  fund  697 

Police  and  Fireman’s  Funds 

Police 688,  708 

Relief  fund,  liow  created 688 

Mayor  etc.  trustees  of  fund 689 

Roard  to  control  fund 690 

Treasurer  to  give  bond  for  fund.  691 

Warrants  drawn  on  treasurer 692 

Permanent  disability;  death;  an- 

nuit/* 693 

Who  entitled  to  benefits 694 

lIow  money  paid  out 695 

Repeal 696 

Police  pension  fund,  how  created.  697 

Fund  commissioners 698 

Who  to  be  pensioned;  twenty 

years’  service 699 

Physical  disability;  retiring  from 

service 700 

Certificate  of  disability  701 

Death  in  performance  of  duty  or 

in  service 702 

Report  for  examination;  service 

in  case  of  emergency 703 

Pension  lost  by  crime  etc 704 

Board  meetings;  officers 705 

Powers  of  board 706 

Treasurer’s  report 707 

Beneficiaries  under  act  of  1877. . 708 

Firemen 709-24 

Fireman’s  pension  fund,  how 

created 709 

Trustees  of  fund 710 

Management  of  fund;  assessment 
of  members;  record  of  meeting.  711 
Rewards,  gifts,  devises  etc.;  per- 
manent fund , . 712 

Power  of  board  to  draw  and  in- 
vest fund  713 

When  fund  applicable 714 

Retirement  for  physical  or  men- 
tal disability 715 

Death  while  in  the  performance 

of  duty  etc 716 

Beneficiaries  under  act  of  1877. . . 717 
Retirement  after  twenty- two  years’ 

service 718 

Application  of  the  act 719 

Custodian  of  fund;  books  and  ac- 
count; bond 720 

Mayor  etc.  to  draw  warrants. . . . 721 
Money  paid  only  on  warrants 
signed  etc.;  interest  from  fund.  722 

Report  of  condition  of  fund 723 

Fund  not  subject  to  execution . . . 724 
Repealing  clause 725 


Police  Department  bec. 

SUPKIUNTENUENT  OF  POLICE,  866. 

Police  Magistrate 

Village,  city  or  town  may  elect. . .224-5 

Reside  in  district  of  election p.  6 

Jurisdiction  of,  uniform p.  6 

Election  of p.  6 

Give  bond 224 

In  territory  detached  by  annexation 

tion  serve  term 253 

Town  divided;  serve  term 265i 

Jurisdiction  of  violation  of  ordi- 
nance   72 

as  to  compulsory  education 861 

as  to  injury  to  sidewalk,  bridge 

etc 812 

of  fast  driving  on  bridge 595 

Commit  for  imprisonment  to  house 

of  correction 613 

Appeals  may  be  to  city  court 291 

Certiorari  may  issue  from  city  court 

to 291 

Porters 

Powers  to  license,  tax  and  regulate, 

cl.  42,  65 

Form. 

License 967 

Poultry 

Power  to  provide  for  inspection  of, 

cl.  53,  65 

to  regulate  sales cl.  50,  65 

Powers 

Gceral,  of  city  under  general  law.  10 
Special,  of  council  under  general 
law 65 

President  of  Village 

Village,  see. 

Election  of,  annual 216 

Term  of  office 216 

President  of  trustees 216 

Vote  only  in  case  of  tie 216 

Duties  and  powers  as  a mayor 217 

Compensation 217 

Veto  power 217 

Primary  Election 

Election,  see. 

Prisoners 

Release  of  violators  of  ordinances. . 23 

^Conveyance  of 92a 

vehicle  covered 92a 

prohibition 92b 

penalty 92c 

act,  apply  to  cities  of  50,000 92c 

Process 

Justice  of  the  Peace,  see. 

Of  city  court;  how  issued,  executed 
etc 294 


Index. 


495 


Process  — Continued.  sec. 

Constable  or  sheriff  may  serve  city 

process  or  arrest 73 

Warrant  may  be  served  by  police. . 90 

Summons,  in  eminent  domain 573 

Service  and  publication  thereof 574 

Prostitutes 


Power  to  restrain  and  punish.. cl.  74,  65 

Prostitution 

Jurisdiction  of  city  over  boats  for..  76 

Provisions 

Provide  for  inspection  of cl.  53,  65 

Regulate  sale  of cl.  50,  65 

Publication 

Ordinances  67 

Terms  of  city  court 289 

Notice  to  change  name  of  city.  etc.  276 
of  election  to  change  from  city  to 

village 209 

of  village  to  annex  territory. . . .238-9 

election  to  divide  town 265a 

officers  on  division 265a 

to  elect  as  to  adoption  of  election 

law  253 

in  eminent  domain,  to  non  resi- 
dents   572-3 

of  petition  to  locate  horse  etc. 

railway  603 

Contract  for  use  by  county  of  house 

of  correction 612 

Notice  to  organize  sanitary  district.  318 

Ordinances,  in  proof  thereof 323 

Contracts,  for  sanitary  channel. . . 328 

Notice  of  special  assessment. 157 

of  hearing  to  confirm 157 

Collector’s  notice  of  judgment  on. . 167 
Ordinance  to  build  sidewalk  by 

special  tax  872 

For  bids  to  construct  water  w^orks.  908 
Driveways  and  park  district,  ap- 
propriation ordinance 673f 

Improvement  instalment  bonds, 
option  to  pay 197b 

Publications 

Power  to  prohibit  sale  or  exhibition 

of  obscene cl.  45,  65 

Exhibition  thereof  on  street 893 

Sale  thereof  by  minors 895 

Public  Assembly 

Peaceable,  a right  p.  3 

Public  Buildings 

Power  to  erect  and  care  for. . .cl.  86,  65 
Fire  escapes  to  be  provided  for. . .696-9 

Doors  open  outward 726 

Penalty 727 

When,  may  be  closed 728 

Public  Grounds 

Streets,  see. 


Public  Libraries  bec. 

Libraries  — Public,  see. 

Pumps 

Power  to  regulate  construction, 
repair  and  use cl.  57,  65 

Punishment 

Fines  and  Penalties,  see. 

Q 

Quarreling 

Power  to  prevent cl.  59,  65 

Quorum 

Majority  of  aldermen  elective 37 

Forms. 

Ordinance  as  to  absentees  937 

Notice  of  election  to  fill  vacancies, 
no  quorum  in  office  to  call  elec- 
tion   949 

Appointment  of  election  officers  in 
such  case 950 

R. 

Railroad  Aid  and  other  Bonds 

New  bonds  for  old  indebtedness. . . 729 

Emergency 730 

New  bonds  may  be  issued  for  old. . 731 
Total  value  of  taxable  property  to 

be  indorsed  on  bond . 732 

Election;  to  determine  issue  of  bonds  733 

Registra)  ion  734 

Auditor  to  certify  rate  required ....  735 
State  custodian ;collectio!i;  payment  736 

Money,  how  disbursed 737 

When  registered  bonds  mature  and 

are  not  paid 738 

Entry  of  payment. 739 

Fees;  collector’s  bond 740 

Bonds,  by  whom  executed 741 

Railroads 

Municipality  not  subscribe  to  or  aid.p.  12 
Pre-requisite  of  grant  of  way  on 

street  % cl.  90,  65 

Property  condemned  for;  fee  in 

owner  subject  to  use p.  1 

Power  to  provide  for  location,  grade 

and  crossings cl.  25,  65 

to  regulate  fencing  etc.  and  re- 
pair  cl.  26,  65 

to  extend  street  across  or  sewer 

under  track  cl.  89,  65 

In  city  etc.  subject  to  overflow,  as- 
sessable for  improvement 308 

Speed  on  street,  regulation  of  .cl.  21,  65 
Flagmen,  power  to  require. . .cl.  27,  65 

Grades,  regulation  of cl.  27,  65 

Ditches,  drains,  sewers,  culverts, 

power  as  to cl.  27,  65 

Boards  at  crossings . ...  742 

Bell  and  whistle;  crossing 74S 


Index. 


I!k; 


Railkoads  — Continued.  beg. 

Starting  train  without  signal 744 

Approaches  at  crossings 745 

Neglect  to  make  etc.  crossings; 

notice 746 

When  company  neglects,  authori- 
ties to  construct 747 

Company;  penalty 748 

Draw  bridge;  railroad  crossing 749 

Ihiilrojid  crossing  on  same  level. . . 751 

City  engineer  to  examine  system.. . 752 

Not  to  obstruct  highways 753 

Spe(Ml  through  cities  etc 754 

Flagmen;  shelter 755 

Penalties 756 

Ram 

Not  to  run  at  large 234-7 

Receipt 

Treasurer  give  for  money  paid 105 

Recording  Law 


City  register’s  records  incorporated 

wdth  recordei’s  record 14 

On  organization  under  general  law; 

record  entry  and  canvass  of  votes.  13 
Ordinance  disconnecting  territory 

to  be  recorded 262 

Record  of  town  plat  etc.  required. . 680 
Effect  of  recording  town  plat  etc. . 681 

Vacation  of  town  etc.  plats 684-6 

Record  of  plats  of  highway ...  687 

Penalty,  sale  of  lots  in  city  etc.  ad- 
dition etc.  before  record  made...  683 
Consent  to  erect  telegraph  poles  in 

streets  etc.  to  be  recorded 897 

Record  of  indorsed  bonds  of  drain- 
age district 306 

Library  incorporation,  certificate  of 

organization 649g 

election  to  membership 649h 

Records — Municipal 

Election— Registration,  see. 
Incorporation  under  general  law. . . 3 

Entry  of  organization  under  general 

law,  recording  of 13 

Town  organized  as  city,  entry  on. . 7 

Of  territory  annexed  to  city  etc 251 

Proceedings  of  council,  mode  of . . . 41 

Appropriation  of  money 42 

Council  enter  on,  result  of  canvass 

of  votes 60 

Of  city  court  disestablished 300 

Driveways  and  park  district 673e 

Of  house  of  correction,  public 608 

to  be  kept 608-9 

inspection  of 608 

Of  school  board  required 836 

Schools;  inspectors  in  cities  not  over 

100,000  862b 

Proof  of 588-90 

False  certificate,  penalty 591 

Mayor’s  powder  to  examine 25 


Records — Municipal — Continued,  sec. 

Forms. 

Of  canvass  of  vote  of  city  to  organ- 
ize under  general  law 927 

Order  submitting  question,  town  to 

reorganize  as  village 1007 

Proceeding,  city  or  village  incorpo- 
rated as  city 933 

Result  of  election  to  organize  con- 
tiguous territory 930 

Submisson  to  vote,  question  of  mi- 
nority representation 943 

Journal  of  proceedings 941 

Register  of  votes,  act  of  ’91 390 

certificate  to,  act  of  ’85 391 

Verification  lists 393 

Orde  r submitting  to  vote,  town  to 
reorganize  as  village 1007 

Redemption 

From  tax  sale 784-91 

From  sale  for  special  assessment. . . 171 
Of  certain  male  animals  at  large 
taken  up 235 

Registration 

Elections,  see. 

Of  bonds  issued  by  municipality.  .734-8 


Remedy 

New,  given  by  general  incorpora- 
tion law,  cumulative 12 

Owner  not  constructing  sidewalk. . 873 
Of  holder  of  bonds  for  filling  etc. 
lots  etc.  in  city  etc.  subject  to 

overflow  311 

On  damage  by  construction  of  works 

of  sanitary  district 336 

Violation  of  law  as  to  discharge  of 

sewage 338 

Defect  of  construction  of  sanitary 
channel 344 

Rendering  House 


Power  to  locate  and  regulate. .cl.  81,  65 

Residence 

Not  given  by  stationing  soldier  etc. 
at  a military  post p.  7 

Resin 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

Revenue 

Property  exempt  from  taxation.  757,  880 
Rules  for  valuing  personal  property  758 

real  estate 759 

Certificate  of  rates,  in  cities  etc 760 

How  to  pay  over  taxes  collected . . . 761 
County  clerk’s  certificate  to  county 

collector 762 

Collector’s  settlements  with  cities  etc. 763 
Collector’s  final  settlement  for  local 

taxes 764 

Advertisement,  for  judgment  & sale.  765 


Index. 


497 


Revenue  — Continued.  sec. 

Proceeding'  against  real  estate  for 

])ersonal  tax 766 

Figures  etc.  used;  advertisement..  767 
When  application  for  judgment 

made  etc 768 

Copies  of  advertisement;  printer’s 

fee 769 

Error  in  advertisement 770 

Delinquent  list;  form 771 

Tax  may  be  paid  before  sale  772 

Payments  reported;  lists  corrected.  773 
Process  for  sale  of  delinquent  land.  774 

Entry  of  sale;  redemption 775 

Forfeited  tracts  noted 776 

Sale  and  redemption  record 777 

Manner  of  conducting  sale 778 

How  sold 779 

Forfeiture  to  state 780 

Payment  by  purchaser 781 

Certificate  of  purchase 782 

Index  to  tax  sale  books 783 

Time  of  redemption;  amount 784 

When  purchaser  suffers  land  to  be 

sold  again 785 

Books  etc.  evidence 786 

Sales  in  error;  entry 787 

Purchaser  at  erroneous  sale,  paid 

back 788 

Effect  of  receipt  of  redemption 

money 789 

Notice 790 

Affidavit;  evidence;  notice  791 

Collector’s  April  payment  to  local 

authorities 792 

To  pay  cities  etc.  every  ten  days  . . 793 
Apportionment  of  special  assess- 
ments payable  in  instalments.  . . . 794 
Uniformity  of  taxation  restored.. . . 795 

City  may  buy  in  at  sale 796 

Rebate  when  property  destroyed  . . 797 
Reduce  or  release  tax  or  assessment.  798 
City  empowered  to  refund  tax  ille- 
gally collected 799 

When  warrants  may  be  drawn  on 

county  treasurer  etc 800 

May  be  issued  in  anticipation  of 
taxes 801 

Forms. 

Ordinance  assessing  and  levying  tax  979 
County  court’s  clerk’s  certificate  of 


judgment  of  delinquent  land. . . . 774 

Collector’s  account  of 773 

Warrant,  drawn  on  treasurer 978 

Rewards 

Application  of,  given  to  police  ....  697 
given  to  firemen  712 

Riot 

Power  to  prevent  and  suppress. 


cl.  72.  65 


Riot — Continued.  sec. 

Police  suppre.ss 92 

Mayor  call  out  militia  and  posse  27 
Ci.y  or  county  liable  for  damages.  802 
Action,  how  brought;  judgment..  803 

When  recovery  may  be  had 804 

Action  by  pany  against  rioters  . . . 805 
by  city  or  county  against  r.oters. . 806 
Claim  for  damages  ; when  action  to 

be  brought 807 

When  city  or  county  settles  claim. . 808 

River 


Chicago  River  ; Des  Plaines 
River,  see. 

Jurisdiction  of  city  over  .74-6 

Power  of  city  etc.  to  lease  ’andings 

and  levees 623-4 

to  protect  site  from  overflow.  .625-33 
to  cause  paving  etc.  of  landings.  634 

Roads  and  Bridges 

Extension  an  I collection  of  tax  levy.809 

Road  tax,  as  to  city  etc 810 

License  and  regulate  or  acquire 592 

Acquire,  construct  and  maintain...  593 
Control  bridge  and  road  approaches  593a 

County  assest  in  acquiring 593a 

Injury  to  bridge,  penalty 811 

Routs 

Power  to  prevent  and  suppress 

cl.  72,  65 

I Runners 

Power  to  license,  tax,  regulate  and 
restrain cl.  43,  65 

Form. 

License 967 

S. 

Salaries 

Compensation,  see. 

Sale  of  Property 

City  etc.  may  sell  ; when  and  how.  813 
Ordinance  to  be  passed,  bids  taken.  814 
Deed,  how  made...' 815 

Saloon 

iSpiRiTUOUS  Liquors,  see. 

Sanitary  District 

Drainage  and  Sewerage,  see. 


School  House 

Doors  to  open  outward 726 

Penalty 727 


Schools 

Exemption  from  taxation  ...cl.  1,757 
District  warrants  on  treasurer  . . 800-1 
Power  to  issue  bonds  and  fund  old 


debts 729.  731 

Power  of  directors 816 


Index. 


4!)8 

St’iiooLR  — Continacd. 

Ollicor  to  be  without  interest  in  con- 
tract   

CiTiKH  AND  VILLAGES,  iiot  Under 
special  charter,  subject  to  gen- 
eral law 

Board  of  education,  how  consti- 
tuted; membership 

President;  election;  term  of  office. 

duties  of 

Members  annually  elected 

Notice  of  election;  form  of 

Failure  to  give  notice 

Election,  liow  conducted 

First  election,  under  this  act. . . . 

Powers  and  duties  of  board 

Expenditure  of  money  decided  by 

yea  and  nay  vote 

Powers  exercised  only  at  regular 

or  special  meeting 828, 

Title  to  realty  vests  in  school  trus- 
tees, in  trust. 

To  sell  proi)erty  vote  of  two- 
thirds  of  all  aldermen  elected 

required 

Moneys  held  as  a special  fund, 

subject  to  order  of  board 

Schools  under  special  charters 
may  adopt  this  act;  proceed- 

ure 

Organization  hereunder;  elections 
Boards  in  cities  of  over  100,000 
inhabitants;  term  of  office;  pres- 
ent incumbents 

Membership;  eligibility 

Officers  and  employes;  duties  and 

compensation 

Record  of  proceedings.  

Power  and  duties  of  board,  when 

city  council  concurs 

Powers  of  board 

Duties  of  board 

Title  to  realty  vests  in  city  coun- 
cil, in  trust 

Assumption  of  school  debt  on  an- 
nexation of  territory 

Apportionment  of  school  debt  on 

annexation  of  territory 

Moneys  held  as  a special  fund, 

subject  to  board’s  order 

Expenditures  confined  to  speci- 
fied receipts  'and  appropria- 
tions  

Board  exclusively  governs  schools 
Fines  and  forfeitures,  disposal 

of 600, 

"Wrongful  use  of  funds  

Use  of  fund  in  aid  of  sectarian- 
ism  

Exclusion  of  child,  for  color,  etc. 
Statute,  how  to  be  construed.  . . . 
Judgment;  execution;  mandamus 


Schools  — Continued.  sec. 

Comiiensation  not  allowed 80I 

Ollicers  hold  over  8.>2 

School  directors;  appointment..  8od 

I low  appointed 854 

Board,  organization  of;  powers..  855 

Tax  for  school  i)urposes 856 

Board  of  education,  city  not  over 

20,000 857 

ScuiooL  INSPECTORS,  city  not  over 

100,000 862 

control  of  annexed  district 862 

City  debt,  for,  assumption  of.  . . . 861 

Compulsory  attendance 862d 

Museum  in  park,  school  children 

enter  free 678p 

Town  divided;  district  not  changed. 265j 
Power  to  CONVEY  property  to 

school  officers  863 

Non  u.ser;  reversion 864 

Trustees,  under  special  charters,  to 

account  and  cease 865 

Repeal 866 

Realty  may  be  conveyed  for  school 

purposes 867 

Election,  town  etc  in  city 867a 

how  conducted 867b 

officer’s  neglects 867c 

Expense  of  election  of  trustee,  how  paid..  8G8 
Expense  of  election  of  directors,  how  paid.  869 

Tax  levy 870 

Notice  of  election  to  adopt  law  of 
1889  831 

President  board  of  education 822 

Seal 

Of  city;  right  to  change 10 

City  courts  may  have  and  alter. . . . 281 
Sanitary  districts  may  have  and 

alter 320 

Village  adopt  and  alter 215 

Clerk  custodian  of  corporate.  ...  88 

Of  municipality  attached  to  bond 
issued 741 

Seaman 

Not  a resident  because  stationed 
here .p.  7 

Second  Hand  Dealers 

Power  to  tax,  license  and  regu- 
late   cl.  95,  65 

Licenses;  application  of  a per  cent- 
age  of  receipts 697 

Secretary  of  State 

Register  organization  of  city  .....  13 

Certificate  on  proceeding  to  change 

name  of  city  etc 272 

Duty  to  record  names  of  cities  etc.  273 
Order  changing  name  of  city  filed 
with 276 


SEC. 

.p.  8 

817 

818 

819 

820 

821 

822 

823 

824 

825 

826 

827 

840 

829 

42 

830 

831 

832 

833 

834 

835 

836 

837 

838 

839 

840 

241 

245 

842 

843 

844 

845 

846 

847 

848 

849 

850 


Index. 


499 


Secretary  of  State — Continued,  sec. 
Notice  of  proposed  change  of  town 
or  village  name,  filed  with 279 


Library  incorporation,  statement  for. 

filed  with 649f 

Certificate  of  organization  issue. . .649g 


Form. 

Record  of  incorporation  of  town  or 
village  as  city,  to  be  filed  with.. . 933 

Servant 

Power  to  prohibit  sale  of  liquor 
to cl.  48,  65 

Sewers 

Drainage  and  Sewerage,  see. 

Locate,  cleanse  or  abate  . . .cl.  84,  65 
Regulate  construction,  repair  and 

use cl.  29,  57,  65 

Territory  annexed;  system  con- 
tinued, how 257 

Cost  divisible  into  instalments 197a 

bond  issue,  negotiation,  payment.  197b 
Town  divided,  joint  user. 265h 

Forms. 

Ordinance  for  construction  of 990 

drains  in  to 989 

Bond,  instalment  of  cost . .197b 

Sheep 

Power  to  prohibit,  running  at  large, 

cl.  80,  65 

at  large;  prohibition 237a 

Sheriff 

Serve  process  or  arrest 73 

Alien  or  non  resident  not  act  as 

depiitv cl.  68,  66 

Prisoner,  conveyance  of ........ . 92a 

Duties  as  to  city  court 287 

Remove  obstruction  to  view  of  bal- 
lot box 421 

Post  notices  of  election 502 

Shops 

Regulate  use  of  lights  in. cl.  65,  65 

Shows 

License,  tax.  regulate  etc cl.  41,  65 

Sidewalks 

Powers  as  to cl.  7,  65 

Use  of  space  beneath cl.  14,  65 

Kept  free  from  snow  etc  . . ..cl.  14,  65 

Injury  to,  penalty 811 

Recovery  of  penalty 812 

May  be  built  by  special  tax 871 

Ordinance  to  so  build,  contents 872 

Owner  not  constructing;  procedure.  873 
Failure  to  collect  tax;  apply  for 

judgment 874-5 

Owner  building;  order  issue  to  him.  876 


Sidewalks— Continued.  sec. 

Forms. 

Order  for  constructing 980 

Inspector’s  return  for  assessment. . 981 

Commissioners’  report  of  cost 982 

Order  approving  comm’rs  report..  983 

Signs 

Regulation  on  streets cl.  17,  19,  65 

Railroad,  at  highway  crossing.  . . . 742 

Snow 

Sidewalks,  to  be  kept  clear  of 


cl.  14,  65 

Soap  Chandlery- 

Power  to  locate,  cleanse  or  abate, 

cl.  84,  65 

Soap  Factory 

Power  to  locate  and  regulate,  .cl.  81,  65 

Soldier 

Not  a resident  because  stationed  here.p.7 

Sparrows 

Bounty  for  killing 870a 

Special  Assessment 

Municipal  improvement  maybe  by.p.  8 

Damage  by,  allowed p.  4 

For  local  improvements 131-97 

Funds  to  be  kept  separate . . 110 

How  to  be  paid  out 110 

Improvements  by,  authorized 131 

Ordinance  to  specify  mode 132 

Property  taken  etc.  ordinance  pro- 
vide for  compensation 133 

petition  filed  to  ascertain  compen- 
sation   134 

form  of  petition. .. . 135 

summons,  publication,  notice....  136 

hearing,  jury  137 

jury  ascertain  compensation 138 

new  pirties,  how  made 138 

view  of  premises 139 

finding 139 

verdict  recorded  and  judgment. . 140 

new  parties  brought  in  140 

party’s  interest  ceasing 141 

no  delay  on  ques  ion  of  ownership  142 

ownership  disputed  etc.  deposit 

of  compensation 142 

persons  under  disability 143 

appeal  from  judgment 144 

amount  of  judgment  deposited. . 144 

compensation  paid  or  deposited, 

order  for  possession 145 

bond  given  on  appeal,  order  for 

possession 145 

Improvement  by  general  tax,  cost 
added  to  appropriation  ordinance.  146 
special  tax,  levy  etc.  as  for  special 
assessment 147 


5(H) 


Index. 


Special  Abhehsmknt — Continued.  sec. 

proceedings 148-81 

Ordinance,  contents  of 149 

Sidewalk  building,  laud  owner  has 

15  ilays  to  do  it 149 

Estimate  of  cost,  how  made 150 

approved,  petition  filed  to  assess.  151 

Petition,  form  of  etc  152 

Oomrnissioners  to  assess  153 

duty 154 

Assessment  roll,  return  of 156 

notice  of,  to  persons  interested...  157 
notice  of,  not  in  time,  continu- 
ance  169 

objections  may  be  filed  160 

no  objections  filed,  judgment  . . . 160 
hearing,  jury,  verdict,  judgment.  161 

case  has  precedence  162 

modify,  alter,  annul,  confirm  or 

re-cast 163 

judgment  several  and  a lien 164 

roll  and  judgment  to  city  clerk. . 165 

warrant  to  collect 165 

form  of 166 

collector’s  notice,  form  of 167 

mode  of  collecting 168 

delinquent  list  to  county  collector  169 
application  for  judgment  and 

sale,  defenses 169,  170 

returns  of  sales 171 

redemption  from  sale 171 

return  of  sale  after  payment  made, 

liability 172 

payment  over  of  moneys  collected.  172 

general  law  of  state  applies 174 

city  or  village  may  buy  at  tax 

sale 175 

annulled,  new  may  be  made 176 

insufficient,  supplemental  made. . 177 
new,  against  delinquent  property, 

when 178 

contracts  payable  from,  so  col- 
lected   179 

Contracts,  how  let  and  approved. . 180 

Lien  of  special  assessments 181 

Rebate,  if  collection  too  large 177 

Collection  by  suit,  how 182 

Supplemental  petition  to  assess 

benefits 183 

Damages,  payment  of 183 

Article  9 (§§  131-197),  separate  adop- 
tion of 184 

Assessments  divisible  into  instal- 
ments  185 

Instalments  may  be  paid  before 

matured 186 

Ordinance  to  collect  by  instalments  187 

Assessment  roll,  contents  of 188 

notice  of,  contents 189 

Confirmation  include  all  instal- 
ments   190 

Warrant  for  collection;  contents.. . 191 


I Special  Assessment — Continued,  sec. 
Procedure  for  judgment  on  instal- 
ments   192 

Payment  for  improvement  made  by 

instalments 193 

Vouchers  accepted,  payment  only 

from  collections 194 

Surplus  collected,  refund 195 

Damages  awarded  on  condemna- 
tion, city  may  advance 196 

Assessment  not  yet  confirmed,  may 
be  ordered  payable  by  instalm’ts  197 
instalments,  number  and  amounts 

of 197a 

bond  issue 197b 

Apportionment  of,  on  property  sub- 
divided   794 

Property  destroyed;  reduction  or 

release  of 798 

On  annexation  of  territory,  collec- 
tion and  use  of 243 

street  improvements  not  stayed. . 247 
opening  streets  not  arrested  ....  248 

sewerage  and  drainage 257 

Pleasure  driveways 883 

Pleasure  driveways  and  park  dis- 
tricts, acquire  lands  by. . . 673h 

Hydrants,  water  supply  pipes  etc. . 912 

payable  in  instalments 915-7 

Cities  etc.  subject  to  overflow  may 

improve  by  304 

Made  for  drainage;  bonds  may  is- 
sue   306 

how  paid  307 

Power  to  erect  drainage  works  by.  312 

349 

Improvements  of  sanitary  district 

may  be  by 330 

Cost  of  right  of  way  for  such  im- 
provement included  in 336 

Town  divided,  improvements  not 
stayed 265g 

Forms. 

Contractor’s  release  of  city,  as  to 

liability 193 

Sidewalk,  ordinance 980 

Inspector’s  return  for  assessment. . 981 

Commissioners’  report  of  cost 982 

Order  approving  commissioners’  re- 
port   ...  983 

Water  service  pipe;  ordinance  to  lay  984 
Commissioners’  report  as  to  cost.  .985-6 

Order  approving  that  report 987 

Certificate  of  work  done  by  owner.  988 
Drains;  ordinance  to  construct. . . 989 

Sewer;  ordinance  to  construct 990 

Street;  ordinance  to  improve 991 

engineer’s  estimate  of  cost 992 

certificate,  work  done  by  owner. . 993 
ordinance  to  improve  where  pro- 
perty will  be  taken  etc 994 


Index. 


501 


Special  Assessment — Continued,  sec. 

application  to  assess  damages 995 

Assessment  roll 997 

commissioners’  certificate 998 

notice,  application  to  confirm... . 999 

certificate  of  publication 1001 

commissioners’  oath 996  | 

affidavit;  posting  notices 1000  | 

of  commissioner’s,  as  to  notice. . .1002 

bonds,  instalments  of  cost 197b 

Voucher  to  contractor 1003 

in  abatement  to  owner 1004 

Contract  to  perform  work 1005 

Special  Taxation 

Taxation,  Special,  see. 

Spirituous  Liquors 


Power  to  license,  regulate  or  pro- 
hibit sales cl.  46,  65 

Jurisdiction  over  sale  of.  on  waters.  76 
Grant  of  permits  to  druggists  to  sell 

cl.  46,  65 

Ordinance  of  territory  annexed  pro- 
hibiting, in  force  until 255 

License  to  sell,  grant  of 650 

Permits  to  druggists 650 

County  board  not  license  sale  in  | 

cities  etc 651 

License  to  sell  malt  liquors 652 

violation  of,  penalty 652 

Saloon  bond,  how  taken  and  sued  on  653 

Proceeds  of  licenses  to  sell  697 

Power  to  forbid  and  punish  sale  or 
gift  to  minors  etc.,  insane  or  in- 
toxicated persons  etc.. cl.  48,  65 

Use  of,  at  place  of  election  or  reg-  I 

istration  forbidden 380,  467 

Penalty 467 

Forms. 

Druggist’s  permit  to  sell  liquors  . . . 966 


Bond  for  grocery 962 

saloon  963 

License  for  saloon  968 

Stable 


Locate,  cleanse  or  abate cl.  84,  65 

Regulate  use  of  lights  in  . . ..cl.  65,  65 


Stallion 

Horse,  see. 

Not  to  run  at  large 234-7 

State  Institutions 

Property  of,  not  to  be  taken  for 
other  public  use 587 

State’s  Attorney 

Duties  as  to  city  court 287 

Salary  of’  in  city  court 303 

Statutes 

Agriculture  ; marketing  products. . 227 
Aliens  ; employment  in  public  ser- 
vice   228-33 


Statutes— Continued.  sec. 

Animals  at  large 238-7a 

Annexing  and  excluding  territory. 

238-65 

Arrest;  power  of n.  15,  90 

Bribery n.  3,  86 

Cemeteries 269-70 

Change  of  name  of  municipality.  .271-9 
Circuit  court;  adjournments,  .n.  1,  290 

interchange  of  judges n.  1,  285 

City  courts 280-303 

Conservation  of  the  peace n.  2,  22 

Drainage  and  sewerage 304-50 

Elections 351-570 

mode  of  township n.  4,  50 

Eminent  domain 571-87 

Evidence 588-91 

Ferries  and  bridges 592-5 

Fire  escapes  596-600 

Horse  and  dummy  railroads 601-4 

Hospital  in  city 604a 

Houses  of  correction 605-21 

Incorporation  of  cities  and  villages.  1-226 

act  amended,  1879 n.  1,  14 

act  applies,  when 6 

Insurance 622 

Landings  and  levees 623-37 

Levees  and  embankments 637a 

Libraries,  public 638-49 

Liquor  law 650-3 

Name  ; change  of  corporate 271-9 

Officers 654-5 

vacancy  in  office n.  1,  19 

contract  in  excess  of  authority, 

n.  1,  102 

malconduct  or  misfeasance. . .n.  1,  28 

embezzlement n.  1,  107 

non  accounting  to  successor,  .n.  6,  83 

Oil  inspection  654-65 

Ordinances ; violation,  imprison- 
ment   .....  71 

jurisdiction  to  enforce 45a 

Parks,  now  under  control  of  cities. 674-8 

Perjury n.  1,  591 

Plats.. 679-87 

Police,  aliens  or  non  residents.cl.  68,  65 

Police  and  fireman’s  fund 688-725 

Prisoners,  conveyance  of 92a 

Public  buildings 726-8 

Railroad  aid  and  other  bonds. . . .729-41 

Railroads  742-56 

Revenue 757-801 

Riot 802-8 

Roads  and  bridges 809-12 

Sale  of  property 813-5 

Schools 816-70 

Streets 871-95 

Taxation,  jurisdiction  of 45b 

Telegraph  companies 896-900 

Tenement  and  lodging  houses, 

cl.  62,  n.  3,  65 
Town,  division  of 265a 


Index. 


50:^ 


Statutes — Continued.  sec. 

Township  organization 901-7 

Waterworks . .908-22 

Steam  Boilers 

Hoii.Eits,  see. 

l\)wer  to  provide  for  inspection  of, 

cl.  67,  65 

to  examine,  license  and  regulate 
persons  in  charge  of 65 

Stolen  Property. 

P oceeds  of  unclaimed 688,  697 

Stove 

Power  to  prevent  dangerous  con- 
struction of cl.  63,  65 

Stove  Pipe 

P wer  to  prevent  dangerous  con- 
struction of cl.  63,  65 

Streets 

Power  to  open,  alter,  grade,  im- 
prove, vacate  etc cl.  7,  65 

Plant  trees  on cl.  8,  65 

Regulate  use  of.  .cl.  9,  65 

Encroachment  on  or  obstruction  of, 

prevention cl.  10,  65 

Lighting,  provision  for cl.  11,  65 

Opening,  for  gas  and  other  pipes 

etc......  ..  cl.  13,  65 

Cleansing,  provision  for  cl.  12,  65 

Sidewalks,  use  of  and  space  be- 
neath  cl.  14,  65 

OlTensive  matter  on,  injury  to;  pre- 
vention   . cl.  15,  65 

Cross-walks,  curbs  and  gutters, 

regulation  of cl.  16,  65 

Use  of  signs,  awnings,  posts.etc.cl.  17,  65 

Banners,  placards,  hand  bills  etc. 

on.  regulation  of cl.  18,  65 

Flags,  banners  or  signs  across,  regu- 
lation of cl.  19,  65 

Traffic  and  sales  on  ; regulation  of, 

cl.  20.  65 

Animals  ; speed  of .cl  21,  65 

Railroad  locomotive;  speed  of, cl.  21,  65 
Numbering  of  houses  and  b ts, 

regulation  of  cl.  22,  65 

Name  of,  power  as  to cl.  23.  65 

Horse  radway,  power  to  permit, 

prohibit  or  regulate cl.  24,  65 

Extend  street  across  or  sewer  under 

railroad  track cl.  89,  65 

Prevent  hoop  trundling,  ball  play- 
ing etc  ...  .cl.  92,  65 

Compel  labor  on  or  commutation. . 77 

Create  superintendent  of 80 

SiDEW'ALKS  by  taxation.  . . .^ 871 

What  ordinance  may  provide 872 

In  case  owner  neglects  to  con- 
struct  873 

Special  tax;  duty  of  clerk;  report.  874 


Streets — Continued,  sec. 

General  officer  to  obtain  judg- 
ment ; by  what  law  governed. . 875 
When  constructed  by  owner. . . . 876 

Vacation  of  streets  etc 877 

Rights  of  adjoining  owners 878 

Right  of  U.  S.  to  purchase  or  con- 
demn  879 

Jurisdiction  ; exemption  from  taxa- 
tion  880 

Street  or  alley  closed 881 

Drives  to  public  parks. 882 

Taxes;  specinl  assessments  etc. . 883 
Control  by  park  commissioners. . 884 

Reversion,  when 885 

City  etc.  may  grant  control  to 

park  commissioners 886 

Pleasure  driveways,  when  estab- 
lished . 887 

How  laid  out  etc 888 

Control  thereof 889 

Improvement  etc.,  special  tax  or 

assessment 889a 

Lake,  extension  on.  889c 

Use  by  horse  and  dummy  rail- 
road ; consent  essential 603 

Consent  subject  to  police  power.,  604 
Use  by  elevated  railroad...  890 
When  street  more  than  one  mile.  891 
Annexation  of  territory  not  stay 

improvement  or  opening 247 

Division  of  town  not  stay 265g 

In  city  etc.  subject  to  overflow, 

raising  grade  of 304 

Railroads  (steam  and  horse)  asses- 
sable for 308 

Flagmen  at  railroaJ  crossings . . 755 

City's  consent  to  erect  telegraph 

poles  required 897 

Poles  were  placed . . 898 

Prisoner,  conveyance  on 92a 

Prohibited  publications  893-5 

Exhibition  thereof  on  street 893 

Sale  thereof  by  minors 895 

Forms. 

Ordinance  to  improve 991 

where  property  is  taken  etc 994 

Engineer's  estimate  of  cost 992 

Applioat'on  to  assess  damages 995 

Certiflcate  of  work  done  by  owner.  993 
Oath  of  commissioners  to  assess 
damages 996 

Street  Railroad 

Horse  Railroad,  see. 

Suffrage 

Elections,  see. 

Who  may  vote p.  7 

Voter,  at  city  election 58 

Summons 

Ordinance,  see. 


Index. 


m 


Superintendent  of  Police 


Sanitary  police,  subject  to 344a 

Prisoner,  conveyance  of 92a 

A commissioner  of  police  pension 
fund 698 


Superintendent  of  Streets 

Council  may  create  the  office  etc. ..  80 

Supplies 

To  be  furnished  by  contract,  .cl.  94,  65 

Supreme  Court 

Appeals  from  city  court  lie  to 297 

Writs  of  error  to  city  court  run 297 

Surety 

On  official  bonds,  rele  iseof.  when, 055-6 
Right  to  effects  of  principal,  when.  657 

Suit  on  official  bond  against 658 

Execution  on  judgment  against ; 
levy 659 

Surveyor 

Certify  to  town  plats,  additions 
etc 679-80 

Swine 

Power  to  prohibit,  running  at 

large .cl.  80,  65 

At  large  ; prohibition 237a 

T 

Tallow  Chandlery 

Power  to  locate  and  regulate,  .cl.  81,  65 
to  locate,  cleanse  or  abate,  .cl.  84,  65 

Tanneries 

Power  to  locate  and  regulate,  .cl.  81,  65 

Tar 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

T axation — State 

Municipal  property  may  be  ex- 
empted   p.  8 

No  release  from  or  commutation  of.p.  8 

T axation — Municipal 

Revenue  ; Schools,  see. 

Jurisdiction  as  to 45b 

No  exemption  save  under  general 

law ...  130 

Free  library  incorporated  on  dona- 
tion exempt .649h 

Taxes  must  be  uniform p.  8 

Council  levy  and  collect  for  gen- 
eral and  special  purposes  . . cl.  3,  65 
County  clerk  extend  on  county  col- 
lector’s books 122 

Officer  not  to  be  interested  in  sale 

for 85 

Assessment  and  collection  of  ...122-30 

Levy  and  collection,  mode  of 122 

limit;  appropriation,  tax  books.  122 


Taxation— Municipal— Continued,  sec. 
All  cities  assess  and  collect  as  by 

§^  122-30  123 

Rate  of  taxation  124 

Mode  of  collection  thereof 125 

Collector  pay  over  to  treasurer 

weekly . 126 

City  limited  as  to  receipt  of  surplus.  127 

drawback 128 

Tax  for  particular  purpose  in- 
cluded in  total  assessment.  . . 129 

disbursement  of 129 

uniformity  of  taxation  130 

Annual  levy  include  territory  an- 
nexed   242 

Collection  of,  not  stayed  by  annexa- 
tion  , 243 

Apportionment  of  levy,  when  part 

of  city  etc.  annexed 246 

Territory  disconnected,  no  exemp- 
tion from 261 

Power  to  improve  by  general 131 

Ordinance  prescribe  it,  when 

adopted 132 

Improvement  by  general,  cost  in- 
cluded in  appropriation  ordinance  146 

On  net  receipts  for  insurance 622 

Hospital  fund,  election  as  to. . . . .604c 

annual  levy 604b,  c 

Library  building,  levy  for  649a 

Library  fund  ; levy  and  limit 638 

in  village  ; town  ; townsh  p 647 

Park  existing;  maintenance 678a 

additional  annual  levy 678o 

annual  appropriation  for  sinking 

fund  and  interest ...  .678c 

Park  and  boulevard,  purchase  of 
lands,  cities  25,000  to  100, 000.. 678k 

Park  on  lake  ; additional  tax 678j 

Pleasure  driveways  and  park  dis- 
trict. acquire  lauds  by 673h 

maintain  by 673h 

Road  ; extension  and  collection  of . 809 

as  to  citv,  etc. 810 

Sanitary  district ; to  pay  bonds  of. . 327 

levy  of  by ' 329 

may  anticipate,  by  b mds,.  332 

School  inspectors,  city  less  than 

100,000  362a 

Sewerage  fund  tax 345 

Town  (iivided,  lax  of  current  year. 265c 

tax  of  prior  lew 265c 

Water  fund  and  light  tax 922 

Water  supply;  to  meet  contract 

for 919 

Water  works  ; levy  and  collection 

of 909 

lease  or  purchase  of 914b 

Form. 

.Ordinance,  assessing  and  levying 
tax 979 


Index. 


j(M 


Taxation— Special  sec. 

SrK('i.\ii  Assessment,  fiee. 

Miinicipal  im})roveineiit  may  be  by.p.  8 


l^ower  to  make  irniirovements  by  181 
Ordinance  prescribed,  when  system 

adopted 132 

Improvement  by  ; proceeding  as  by 

special  assessment 147 

City  etc.  subject  to  overflow  may 

improve  by 304 

issue  bonds  to  improve. . 306 

Bonds  to  improve,  how  paid 307 

Sanitary  district,  improvement  may 

be  by 330 

Levied  in  territory  annexed  to  city 

etc.,  collection 243 

Sewerage  and  drainage  on  annexa- 
tion of  territory 25T 

Sidewalks  may  be  built  by 871 

Collection  of  such  tax 873 

Ajiplication  for  judgment  thereon. 874-5 

Telegraph 

Eminent  domain  ; exercise  of  right 

of 896 

Right  of  way  granted  896 

Poles  on  streets,  roads  etc.  ; con- 
sent required  897 


in  streets,  etc.,  outside  of  city  etc.  898 

Injury  to  poles  etc. , penalty 899 

Attachment  to  building,  no  pre- 
scriptive right 900 

Tenement  House 


Statute  regulating.  ...  cl.  62,  n.  3,  65 

Theater 

Power  to  license,  tax,  regulate 


etc cl.  41,  65 

Doors  to  open  outward 726 

Penalty 727 


Tobacco 

Power  to  provide  for  inspection  of, 

cl.  53,  65 

Toll  Bridge 

Power  to  establish,  license,  regulate 
and  fix  tolls cl.  87,  65 

Town 


Police  etc.  Fund  ; Revenue  ; 
Village;  Water  Works, 


Jurisdiction,  land  suits 

ordinance,  to  enforce , 

Ohio  river 

45b 

75 

polipo  

90 

taxation 

watercraft 

....  45b 

76 

water  supply 

Laying  out  of,  or  addition  to  ; 
recorded 

199 

plat 

679 

How  to  become  a city 4 

Trustees  act  as  to  election 4 


'I'owN — Continued.  SEC. 

Organizing  as  city  ; trustees  call 

election  of  officers 7 

Trustees  appoint  judges  and  clerks.  7 

canvass  returns. 7 

Alderman  may  be  elected  on  gen- 
eral ticket 7 

Organization  entered  on  records...  7 
Organized  as  city,  ordinances  in 

force  until It 

legal  identity  not  changed  1.1 

Organization  as  village 207 

Change  name  of,  procedure 

271-2,  274-6 

Circuit  court  change  name,  when. . 27^ 

A police  district 91 

Officers  of,  commissioners  of  police 

fund 698 

Fireman’s  pension  fund,  how 

created  709 

Trustees  named. . . 710 

Animai.s,  domestic  at  large  ; pro- 
hibition  237a 

violation,  fine 237a 

restraint  and  damages 237a 

Bonds  ; power  to  issue  on  old  debt, 


Issue  for  deferred  special  assess- 
ments  197a 

amount,  interest  etc  197b 

payimuit,  option  etc I97b 

assessment  payable  in 197d 

contractor  may  receive 197b 

cancellation 197d 

Trustees,  corporate  authorities  to 

issue  special  assessment 197c 

Dividing  lands  on  border  within, 

as  new  town 265a 

petition,  to  county  judge 265a 

several ; first  filed,  first  acted  on, 265b 

election,  when 265a 

notice  of 265a 

canvass;  filing  of 265a 

officers,  election  of.. 265a 

notice  of 265a 

terms  of 265a 

taxation  of  current  year 265c 

tax  of  prior  levy,  pro  rata  to  new 
town 265f 


municipal  property  within  towns.265d 

division  of 265e 

debts,  division  of 265e 

how  determined 265e 

improvements  not  stayed 265g 

proceedings  for  not  arrested. . .265g 
assessments  or  tax  for,  how 

used  265g 

sewer,  water  works  or  light  sys 

tern  ; joint  user 265h 

offices,  vacancies  when 265i 

justice  or  police  magistrate  con- 
tinued   265i 


Index. 


Town — Continued.  sec. 

school  districts  etc.  not  altered..  .265j 
Election  ; may  adopt  law  of  1885.  364 

Eifect  of  adoption 479 

House  uailway  ; consent  to  locate 

required 603 

Consent  subject  to  police  power. . . 604 
House  of  correction  ; may  con- 
tract for  county  to  use 612 

Landings  and  Levees  power  to 

lease 623-4 

protect  site  from  overflow  by.  .625-33 
cause  grading,  paving  etc.  of 

levees  at  landing  places 634 

abate  stagnant  watei  on  low  lands.  (>35 
Levee  or  embankment,  cutting 

or  destroying . .637a 

punishment 637a 

excepted  purpose,  drainage 637a 

Library,  incorporation  on  basis  of 

donation 649e 

Library,  public;  establishment  of.  647 

Liquors  ; license  to  sell 650 

malt  650,  652 

permit  to  druggists  to  sell 650 

Oil  inspector  ; trustees  appoint. . 666 
Parks  etc.  ; power  to  vest  control 

in  commissioners 677 

existing;  bonds  for  improvement. 678a 

tax  levy  to  maintain 678o 

on  lake,  bonds  for  protection  of 

shore  line 678g 

pleasure  driveways  to 882-9 

and  parks,  incorporation 673a 

museum  building  in 678p 

Police,  non-resident  not  made 

special cl.  68,  65 

alien  cl.  68,  65 

violation,  penalty cl.  68,  65 

Police  magistrate  ; elect,  when . 225 
Railroad;  starting  without  signal.  744 

speed  of  ; penalty  etc 724 

Schools;  board  of  education,  town 

not  over  20,000 857 

election  of,  when 857 

procedure  to  effect  change 858 

powers  of  board  858 

Compulsory  education,  attendance 

required 862d 

violation  of  act,  penalty 862e 

truant  oflScers 862f 

prosecutions  ; excuses 862f 

recovery  of  fines  etc 

penalty . 


.862h 


^evasion  of  statute^  ^ 

Streets;  vest  control  in  park  board, 

when 886 

pleasure  driveways,  establish- 
ing  887-9 

Tax  ; assess  and  collect  under 


122-30 128 

Road  tax,  as  to 810 

May  buy  at  tax  sale 796 


Town — Continued.  sec. 

Exemption  from  taxation,  .cl.  6, 

8,  9,  757 

Rebate  of  tax  on  property  de- 
stroyed   , 797-8 

Warrants  on  treasury,  when 

drawn 800-1 

Limit  of  receipt  of  surplus  tax. . 127 
Limit  of  receipt  of  drawback.. . . 128 
Telegraph  poles  ; consent  re- 
quired to  erection  of 897 


Forms. 

Record  of  call  and  notice  of  elec- 
tion when  organized  as  city. . . 931 
of  proceeding  on  incorporation  as 

city 933 

Notice  of  election  on  incorporation 

as  city 932 

Petition  to  reorganize  as  village 1006 

Order,  submitting  question  to  vote.  1007 


Township  Organization 

Organizing  territory  of  a city  as  a 


town 901 

Territory  of  an  organized  city, 

when  deemed  a town 902 

Election  of  town  officers 903 

Power  of  town  vested  in  city  coun- 
cil   904 

of  council,  as  to  officers 905 

to  regulate  number  of  justices. . . 906 
City  council  fill  vacancies  in  office.  907 

Treason 

Not  cognizable  in  city  court 280 

Trespass 


By  certain  male  animals  ; liability..  236 

Trustees 


City  Drainage  and  Sewerage  ; 
Illinois  and  Michigan  Canal  ; 
Police  etc.  Fund;  Village,  see. 

Trustees  of  Village 

Corporate  authorities,  to  issue 


special  assessment  bonds 197c 

Election  to  organize 215 

term  of  limited 215 

of  six,  terms  of 215 

annual  election 221-2 

special  election 222 

classification  of 215 

President  of,  election 215 

word  “ mayor”  in  act  apply  to...  215 

Duties  and  powers 217 

with  president,  as  common  coun- 
cil   217 

Officers  appoint 219 

duties,  fees  and  bonds  fix 219 

Disability  as  to  other  office 663 

Bribery  of 664 

punishment 665 

Tax  levy,  mode  of 122 


r^lO  Index. 


TiaiRTEEs  OP  Village— Continued,  bec. 

limit  of 122 

ai)i)roj)riatioii  ordinance 122 

Tug  Boats 

I^)W(*r  to  license,  regulate  and  pro- 
hibit  cl.  85,  65 

Tunnels 

Power  to  construct,  repair  and  regu- 
late use  of cl.  28,  65 

Turpentine 

Power  to  regulate  and  prevent  stor- 
age of cl.  65,  65 

U. 

United  States 

Exemption  from  taxation . . cl.  4,  757,  880 

Purchese  or  condemnation  of  lands.  879 

Jurisdiction  thereof  concurrent 


with  the  state. 880 

Right  of  exclusive  legislation 880 

Vacation  of  streets  etc.  for 881 

Use  of  house  of  correction  by, 
when 618 


V. 

Vagrants 

Power  to  restrain  and  punish.. cl.  74,  65 
Vaults 

Power  to  regulate  construction,  re- 


pair and  use cl.  57,  65 

Vegetables 

Power  to  provide  for  inspection  of, 

cl.  53,  65 

to  regulate  sales  of cl.  50,  65 

Venue 

Change  op  Venue,  see. 

Of  proceeding  to  condemn  private 

property 572 

to  ascertain  damage  by  work  of 
sanitary  district 333 

Veto 

Power,  how  exercised  etc 47 

Viaducts 

Power  to  construct,  repair  and  regu- 
late use  of cl.  28,  65 


Village 

City  Council;  Police  etc.  Fund; 
Revenue  ; Special  Assess- 
ments ; Schools  ; Taxation, 
Special  ; Water  Works,  see. 


Jurisdiction,  territoral 45 

law  suits 45b 

ordinance,  to  enforce. 45a 

police 90 

taxation 45b 


Village — Continued.  sec.  • 

watercraft 76 

water  supply 199 

Laying  out,  addition  to  or  subdivi- 

s on  of  to  b • recorded 679 

A ])olice  district 91 

How  to  become  a city 4 

Trustees  act  as  to  incorporation  as 

city 4 

Incorporation,  laws  not  inconsist- 
ent still  in  force ...  6 

General  incorporation  law  applies, 

when 6 

Organization  of 207-26 

by  incorporated  town 207 

Petition,  election  and  notice  of. . . . 207 
Vote  as  to  incorporation  under  gen- 
eral law  at  general  or  special 

election 1 

Who  vote  ; ballots,  form  of 208 

Change  from  city  to  village 209 

Returns  of  election,  canvass,  record 

of  result . . 210 

Organization  voted,  due  incorpora- 
tion   211 

Courts  take  notice  of  organization 

under  general  law 6 

Town  officers  act,  until  successors 

qualified.  . . 211 

New  organization  of  territory,  how.  212 
Petition,  election,  returns  and  can- 
vass   213 

Record  entry  and  canvass  of  votes, 
on  organization  to  be  recorded. . 13 

Same  filed  with  and  registered  by 

secretary  of  state 13 

Deemed  organized,  when 214 

Organized  as  city  ; property  vests 

in  12 

Liabilities  remain 12 

New  remedies,  cumulative 12 

Election  of  officers 214 

Trustees,  number  and  election  and 

term  of 215 

Disability  of  trustee  as  to  other 

office 663 

Bribery  of  trustee  ; interest  in  con- 
tract  664 

Penalty 665 

Powers  of  trustees 65 

Corporate  name 215 

General  powers. . . 215 

Election  of  president  of  trustees, 

term,  duties 216 

President ; powers  ; compensation . 217 

Ordinances,  style  of 218 

Officers,  appointment  of ; duties 

and  fees,  how  prescribed 219 

Bonds,  of  officers 219 

Constable,  powers  of 220 

Annual  election 221-2 


Special  election  to  fill  vacancies.  .221-3 


Index. 


5()7 


Village— Coutiaued.  sec. 

Who  entitled  to  vote 53 

Tie  vote,  for  officer,  determined  by 

lot 61 

Special  election 63-4 

Violations  of  ordinances,  prosecu- 


tion  223 

Fi’ies,  paid  in  to  treasury 223 

Police  magistrate,  election  and 
term 224 


No  incorporation  under  prior  laws.  226 
Change  of  territory;  courts  notice.  263 
Change  of  name,  procedure. 271-2,  274-6 
Circuit  court  change  name,  when. . 279 
Annexation  of  one  to  another,  pro- 
cedure   238 

Annexation  of  parts  etc. , procedure.  239 

Annexation  of  whole  or  part 240 

Assumption  of  debts,  etc 241 

Annual  tax  levy,  to  include  annexed 

territory  242 

Taxation,  not  stayed  by  annexation, 

disbursement 243 

Pending  actions  244 

Part  of  village  annexed;  apportion- 
ment of  debt;  title  to  property  245 

annual  tax  levy  apportioned 246 

On  annexation,  street  improvement 

continued 247-8 

Ox  part,  residue  has  use  of  water 

works  and  light 249 

submission  of  matter  disputed . . . 250 

transfer  of  records  etc 251 

officers,  vacancies  and  retention . 252 
licensing  dram  shops,  regulated.  255 
representation  in  council;  wards.  256 

sewerage  and  drainage  257 

Territory  annexed  to  towns  (1877) 

may  be  annexed 258 

Disconnecting  territory,  procedure.  261 
Alien;  employment  of  forbidden..  228 
Treasurer  paying  public  funds  to 

alien  employe,  liability 230 

Animals  at  large,  prohibited  237a 

Bonds;  issue  of  to  meet  maturing 

debt 729,  731 

Census;  power  to  take,  when.. cl.  85,  65  ' 
Elections;  adoption  of  law  of  I 


1885  364 

Effect  of  adoption 479  : 

Finances  of 99-121 

Fiscal  year,  commence,  when 99 

Fines  and  Penalties,  impose. . . 78 

Fire  escapes;  power  to  compel 

erection  of 596-9 

Fire  limits;  power  to  prescribe. . . 

cl.  62,  65 

Power  to  tear  down  or  remove 

wooden  buildings cl.  62,  65 

Health;  jurisdiction  of 45 

Horse  railway;  none  without  con- 
sent of p.  12 


Village — Continued.  sec. 

Location  of,  consent  required 603 

Consent  subject  to  police  power.  604 
House  of  correction;  may  con- 
tract with  county  to  allow  use  of  612 
Landings  and  levees;  power  to 

lease 623-4 

to  protect  from  overflow 625-33 

to  compel  grading,  paving  etc.  of 

levees  at  landing  places 634 

to  abate  stagnant  water 635 

Levee  or  embankment,  cutting  or 

destroying 637a 

Library,  incorporation  of 649e 

establish  and  maintain 647 

Liquors;  license  to  sell 650 

Malt  650-2 

Permit  to  druggist  to  sell 650 

Officers;  qualifications  of 84 

Duties  of  clerk  88 

of  collector 111-4 

of  comptroller  115-7 

of  treasurer 103-10 

Trustees,  compensation  of 94 

Trustees  appoint  oil  inspector...  666 
Certain  officers,  conservators  of 

peace 90 

Territory  of,  a police  district 91 

Powers  of  police  within 92 

Non-resident  or  alien  not.  ..cl.  68  65 

Ordinance;  when  in  force 67 

Appropriation  ordinance 100,  122 

Limitation  on  expenditures 101 

Expenditure  on  emergency 101 

No  contract  without  prior  appro- 
priation   102 

Parks  etc.;  power  to  vest  park 

boards  with  control 677 

existing,  bonds  to  improve. . . .678a 

tax  to  maintain 678o 

on  lake,  bonds  for  shore 678g 

Museum  building  in 678p 

Pleasure  driveways  and  parks, 

incorporation 673a 

Property;  power  to  sell  and  con- 
vey   813-5 

Railroad;  starting  without  signal.  744 

speed,  penalty  etc 754 

Roads  and  bridges;  license,  regu- 
late and  control 592 

acquire,  construct  etc.  bridges. . . 593 
control  bridges  and  approaches. .593a 
Schools;  compulsory  attendance.  .862d 

Sparrows;  bounty  act 870h 

Streets;  power  to  compel  labor  on 

or  commutation 77 

Power  to  vest  control  of  streets 

in  park  boards 886 

Establish  pleasure  drives,  when. 887-9 
Grant  way  to  elevated  r’ds,  when. 890-1 
Tax;  exemption  from  taxation. . . . 

cl.  6,  8,  9,  757 


Ikuex. 


r)08 


Village— Continued.  bec. 

levy  and  collection 122 

Warrants  on  treasury 800-1 

Pass  appropriation  ordinance, 

when 100,122 

Levy  tax  amount  ascertained 122 

All  villages  assess  and  collect 
taxes  under  sections  122-30. . . . 123 
Tax  collected  by  oiiicers  to  collect 

state  taxes 125 

Collector  of  taxes  pay  over 

weekly 126 

Limit  as  to  surplus  to  be  paid  over  127 

drawback  to  be  paid  over 128  ' 

Levy  for  particular  purpose,  how  I 

made 129  ! 

disbursement 129  ! 

Road  tax,  as  to 810 

j\Iay  buy  at  tax  sale 796 

Telegraph;  consent  to  erect  poles  897 
Town  divided  and  becoming;  use 
of  sewers,  water  and  light 265h 

Forms. 

Record,  canvass  of  votes  to  adopt 

general  law 947 

Petition  fo/  new  organization 1009 

Record,  proceedings  to  incorporate 

as  city 933 

Petition  to  reorganize  town  as 1006 

Record,  order  submitting  to  vote. . .1007 
call  for  and  notice  of  election  to 

organize  as  city 931 

Notice,  election  of  officers  on  organ- 
ization as  city 932 

to  person  elected  to  office 948 

of  election  to  fill  vacancies,  no 

(piorum  in  office 949 

Appointment  of  judges  and  clerks 

of  election  in  such  case 950 

Oath  of  officer 82 

Village  Clerk 

Trustees  may  appoint  pro  tern.  . . . 219 
Returns  of  election  deposited  with.  60 
Notify  persons  elected  or  appointed  62 

Village  Collector 

Duties  of 111-4 

Village  Comptroller 

Duties  of 115-7 

Village  Constable 

• Powers  and  appointment  of 219 

Village  Treasurer 

Duties  of 103-10 

Trustees  may  appoint 219 

Taxes  collected  in  annexed  terri- 
tory paid  to 243,  246 

Payment  of  public  funds  to  alien 
employe;  taxation;  liability 230 


Village  Treaburer— Continued,  sec. 
Funds  raised  by,  not  to  be  paid  to 

alien  employe 228-80 

Bonds,  special  assessment;  deposi- 
tary of  cancelled 1975 

Vine  Grower 

May  sell  product  without  license. . . 227 

W. 

Wards 

City  council  prescribe  boundaries. . 54 
Of  annexed  territory,  liow  made  up  256 

Warehouse 

Public;  where  property  is  stored 

for  hire p.  12 

In  cities,  w^eekly  report  of  things 
stored p.  12 

Warrant  — T reasury 

On  treasurer,  when  drawn. .....  .800-1 

On  police  and  fireman’s  fund,  how 

drawn 692,  722 

To  collect  special  assessments,  city 

clerk  issue 165 

form  of 166 

by  instalments 191 

Treasurer  register  and  report  those 

paid  106 

payment,  only  on 109 

Warrant — Criminal 

Ordinances,  see. 

Police  may  serve 90 

Water 

Jurisdiction  of  city  etc.  as  to  pollu- 
tion of  supply 910 

Water  Course 

Power  to  cleanse  etc cl,  40,  65 

to  change  channel,  deepen,  widen 
etc  cl.  80,  65 

Water  Craft 

Regulation  of  anchorage,  moorage 

and  landing cl.  34,  65 

Pow'er  to  fix  dockage  for cl.  37,  65 

Water  Works 

Power  to  supply  water;  letting  con- 
tract ...... . 908 

Borrowed  money;  tax 909 

Acquisition  of  property  for  works 

etc  910 

Rules;  tax;  assessment;  lien 911 

Special  assessment 912 

Separate  fund 913 

When  act  not  to  apply 914 

Assessment  for,  instalments 197a 

bond  issue  for  instalments.  .197b,  915 
Power  to  contract  for  water.  . . . . 9l8 

Tax  therefor  919 

Grair  of  poT^•er  to  secure  supply.. . 920 


Index. 


500 


^Vatkr  WoiiKB— Continued.  sec. 

Powers  af  board;  power  to  raise 

money 921 

Power  to  purchase  or  lease 914a 

borrow  money;  taxation 914b 

Water  rates,  control  of  921a 

Water  fund  and  light  tax 922 


Part  of  territory  of  city  etc.  an- 
nexed, residue  to  have  use  of. . . 249 

Town  divided;  joint  user, 265h 

Forms. 

Ordinance  to  lay  service  pipe 984 

Commissioner’s  report  as  to  cost.  .985-6 
Approval  of  commissioners’  report.  .987 
Certificate  of  work  done  by  owner.  988 
Bond,  instalment  of  assessment  de- 
ferred  197b 

Weights  and  Measures 

Power  to  inspect  and  seal  cl.  65,  65 

to  enforce  keeping  of  true.  ..cl.  56,  66 
to  tax,  license  and  regulate  public 
scales cl.  91,  65 


Wharf  SEC. 

Powers,  as  to , . .cl.  7,  65 

to  construct,  repair  and  regulate 
use cl.  32-3,  65 

Licensing,  regulation  or  prohibition 
of  wharf  boats  and  water  craft, 

cl.  35,  66 

Power  to  fix  wharfage cl.  36,  66 

Whistle 

Railroad,  prescribed  and  use  of 743 

Work  House 

Power  to  establish,  erect  and  regu- 
late   cl.  69,  66 

Ten  hours  labor  and  fifty  cents 
credit  per  day 71 

Writ  of  Error 

Runs  from  supreme  to  city  court. . 297 

Writs 

Process;  Warrants,  see. 


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